ESA Touts Major Support for Games Industry in SCOTUS Fight

September 20, 2010 -

If you are having trouble keeping track of the number of amicus briefs that have been filed so far in favor of the game industry, the Entertainment Software Association (ESA) has the answers for you. The trade group representing game publishing companies announced that over 180 leading First Amendment experts, national organizations, non-profits, associations, researchers and social science experts filed amicus briefs on Friday urging the U.S. Supreme Court to uphold the Ninth Circuit Court of Appeals ruling in Schwarzenegger v. Entertainment Merchants Association/Entertainment Software Association.

All of the briefs had different approaches: some pointed out free speech issues, others pointed out overreach by the state of California and other state's attorneys general said that this law would put an unneeded burden on law enforcement – which have better things to do like catch real criminals. Here is what the ESA's top executive had to say about all these briefs:

"The depth, diversity and high quality of briefs submitted strengthens our position before the Court. These briefs are rooted in virtually every form of expression, commerce, social science, and constitutional jurisprudence imaginable," said Michael D. Gallagher, president and CEO of the Entertainment Software Association. "It is our hope that the Court will uphold an unbroken chain of lower court rulings that affirm video games’ First Amendment protections, the rights of consumers’ access to speech, and that parents – not government – are the best arbiters in determining what is right for their children."

Oral arguments for Schwarzenegger v. EMA/ESA begin Tuesday, November 2nd.

Update: Common Sense Media issued the following statement (Jim Steyer, CEO and founder, Common Sense Media) to GP:

"A Zogby International poll commissioned last month found that 72 percent of adults support a ban on the sale of ultraviolent video games to minors. Parents are concerned about the impact of violent games and they feel that the video game industry isn't doing nearly enough to protect kids from accessing the most ultraviolent games. This law would not prohibit the video game industry from creating or selling these games.  Instead, it would simply reinforce that parents – not video game retailers – are the best arbiters in determining what is right for their young children."


Posted in


Re: ESA Touts Major Support for Games Industry in SCOTUS ...

"Parents are concerned..." "...they feel..."

Oh well... sure, I guess that trumpts the CONSTITUTION OF THE UNTIED STATES OF AMERICA!

Look, even JT has said it doesn't really stand a chance. But, based on his legal history, I got a second opinion from someone who was more capable in the field of law, F.O. Ron, who said that this appeal had no merit and... let me refer to my notes... "Millenium hand and shrimp."

Re: ESA Touts Major Support for Games Industry in SCOTUS ...

Oh, my Lord. You didn't just repeat a legal opinion rendered by Jack Thompson, did you?

Lemme hip to you how Jack's feeble mind works: the only reason he's saying it won't pass muster is because he didn't have anything to do with its drafting and passage. Had he been the one to draft the statute, he'd be telling you how "bullet-proof and iron-clad" it is. Jack ain't doing nothing more than being a playa-hatin' dickhead.  

As Utah's AG Shurtleff once said, "Apparently Mr. Thompson knows even less about criminal law than he does about constitutional law."

Re: ESA Touts Major Support for Games Industry in SCOTUS ...

And for an alledged Constitutional law professor, it's pretty obvious that Jim "Motard" Steyer doesn't know jack about Constitutional law either. Hell, maybe even less than Thompson does, and that's saying something.

Geaux Saints, Geaux Tigers, Geaux Hornets, Jack Thompson can geaux chase a chupacabra. Hell will stay frozen over for quite a while since the Saints won the Super Bowl.

Geaux Saints, Geaux Tigers, Geaux Pelicans. Solidarity for the Saints = No retreat, no surrender. 2013 = Saints' revenge on the NFL. Even through the darkest days, this fire burns always.

Re: ESA Touts Major Support for Games Industry in SCOTUS ...

And Common Sense Media continues to demonstrate that it has no common sense.


Andrew Eisen

Re: ESA Touts Major Support for Games Industry in SCOTUS ...

1212446601495-1.jpg picture by metroidprimegmr

I'll bet they could use a LOT more superheros over there.

Re: ESA Touts Major Support for Games Industry in SCOTUS ...

"It is our hope that the Court will uphold an unbroken chain of lower court rulings that affirm . . . that parents – not government – are the best arbiters in determining what is right for their children."

Or, as stated by the dissent in Ginsberg (upholding restriction of sales of pornography to minors),:

"Today this Court sits as the Nation's board of censors. With all respect, I do not know of any group in the country less qualified first, to know what obscenity is when they see it, and second, to have any considered judgment as to what the deleterious or beneficial impact of a particular publication may be on minds either young or old."

Re: ESA Touts Major Support for Games Industry in SCOTUS ...

We've already established that unless you're a member of the Eagle Forum, video games are a world apart from pornography.


Re: ESA Touts Major Support for Games Industry in SCOTUS ...

Are they? I wasn't on the circulation list for that memo. Pray tell, what is it about pornography, a protected form of speech, that presents the potential of harm to minors which videogames, another form of protected speech, does not? I spent most of my puberty whacking off to Hustler magazines and I ain't either blind or hairy-palmed.  

Forgot your password?
Username :
Password :

Shout box

You're not permitted to post shouts.
Papa Midnight - 8:25pm
Sora-ChanSo it's just a matter of having better emulation software. If it can be done with a 3DS game, with all the memory and what not it takes up, it can be done with a GBA title through emulation.07/29/2014 - 7:30pm
Sora-ChanOther VC titles for the NES and Gameboy had the same setup where you couldn't access the homescreen without quitting out of the game til a later update when those games were released for the public outside of the founder program.07/29/2014 - 7:28pm
Sora-Chanthe 3DS can, and does, run GBA games, as seen by the founder gifts, which included a number of GBA titles. As for running GBA games and still having access to the home screen, I beleive it's more of the game emulation software needs to be updated.07/29/2014 - 7:27pm
Matthew Wilsonthe 3ds already swaps os's with the original ds. plus I dont think people expect miverse interaction when playing a gba game.07/29/2014 - 6:06pm
MaskedPixelanteBut that's not the issue, the 3DS is perfectly capable of emulating GBA games. The problem is that it doesn't have enough available system resources to run it alongside the 3DS OS, and thus it doesn't have access to stuff like Miiverse and save states.07/29/2014 - 5:45pm
Matthew WilsonI am well aware that it requires more power, but if a GBA emulator could run well on a original psp, than it should work on a 3ds.07/29/2014 - 5:36pm
ZenThe reason the SNES could run Gameboy, or the Gamecube could run GBA was because their adapters included all of the necessary hardware to do it in the respective add-ons. The systems were just conduits for control inputs and video/sound/power.07/29/2014 - 4:51pm
ZenMatthew: Emulation takes more power than people realize to run a game properly. You can make something run on less, but slow as they are at releasing them..makes them run as close to 100% as possible. Each game has its own emulator for it.07/29/2014 - 4:47pm
Matthew Wilsonkind of hard to believe since the 3ds is atleast as powerful as the gamecube hardware wise.07/29/2014 - 4:27pm
MaskedPixelanteYes, the 3DS has enough power to run 16-bit emulators, but not at the same time it's running the 3DS systems themselves. You could run the games, but you wouldn't get save states or Miiverse.07/29/2014 - 4:04pm
InfophileRunning GBA on 3DS shouldn't be hard. The DS had flashcarts sold for it that added just enough power to emulate GBA and SNES games, so the 3DS should have more than enough natively.07/29/2014 - 3:37pm
MaskedPixelanteIt's a bunch of people whining about boycotting/pirating Trails in the Sky FC because XSEED didn't license the Japanese dub track, which consists of about 10 lines per character.07/29/2014 - 11:27am
Sleaker@MP - devolver Digital issued a twitter statement saying they would replace the NISA pledge.07/29/2014 - 10:57am
E. Zachary KnightIs that a discussion about RIAA member music labels?07/29/2014 - 10:48am
MaskedPixelante In this thread: Idiots who don't understand how licensing works.07/29/2014 - 9:20am
MaskedPixelante NISA backs out of GaymerX support, but it seems like the only people crying foul are GaymerX.07/29/2014 - 6:30am
Papa MidnightIt's not bad so far, but I am honestly not sure what to make of it (or where it's going for that matter)07/28/2014 - 9:44pm
Matthew Wilsonis it any good?07/28/2014 - 9:36pm
Papa Midnight"Love Child" on HBO -- anyone else watching this?07/28/2014 - 9:27pm

Be Heard - Contact Your Politician