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."

 

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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.  

 
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Matthew WilsonI have said it before net nutrality will not be made in to law until Google or Netflix is blocked, or they do what they did for sopa and pull their sites down in protest.04/23/2014 - 8:02pm
Andrew EisenGee, I guess putting a former cable industry lobbyist as the Chairman of the FCC wasn't that great of an idea. http://www.nytimes.com/2014/04/24/technology/fcc-new-net-neutrality-rules.html?_r=204/23/2014 - 7:26pm
Andrew EisenIanC - I assume what he's getting at is the fact that once PS3/360 development ceases, there will be no more "For Everything But Wii U" games.04/23/2014 - 5:49pm
Andrew EisenMatthew - Yes, obviously developers will eventually move on from the PS3 and 360 but the phrase will continue to mean exactly what it means.04/23/2014 - 5:45pm
IanCAnd how does that equal his annoying phrase being meaningless?04/23/2014 - 5:09pm
Matthew Wilson@Andrew Eisen the phrase everything but wiiu will be meaningless afer this year becouse devs will drop 360/ps3 support.04/23/2014 - 4:43pm
Andrew EisenFor Everything But... 360? Huh, not many games can claim that title. Only three others that I know of.04/23/2014 - 3:45pm
MaskedPixelantehttp://www.joystiq.com/2014/04/23/another-world-rated-for-current-consoles-handhelds-in-germany/ Another World fulfills legal obligations of being on every gaming system under the sun.04/23/2014 - 12:34pm
Matthew Wilsonhttp://arstechnica.com/gaming/2014/04/steam-gauge-do-strong-reviews-lead-to-stronger-sales-on-steam/?comments=1 Here is another data driven article using sales data from steam to figure out if reviews effect sales. It is stats heavy like the last one.04/23/2014 - 11:33am
Andrew EisenI love RPGs but I didn't much care for Tales of Symphonia. I didn't bother with its sequel.04/23/2014 - 11:21am
InfophileIt had great RPGs because MS wanted to use them to break into Japan. (Which had the side-effect of screwing NA PS3 owners out of Tales of Vesperia. No, I'm not bitter, why do you ask?)04/23/2014 - 10:52am
RedMageI'm still disappointed the 360 never broke into Japan either. It had a bevy of great RPGs in the late 2000s.04/23/2014 - 9:48am
TheSmokeyhttp://www.huffingtonpost.com/2014/04/22/call-of-duty-swatting-hoax_n_5195659.html?utm_hp_ref=canada&ir=Canada CoD loser calls SWAT on person who beat him04/23/2014 - 7:13am
MaskedPixelantehttp://www.joystiq.com/2014/04/23/xbox-one-reaches-japan-on-september-4/ Just give it up, Microsoft. You're NEVER going to be big in Japan, especially now that the notoriously clunky in Japan Kinect is MANDATORY.04/23/2014 - 7:10am
Cheater87Has this been posted yet? http://www.destructoid.com/blogs/Lord+Spencer/ssv-saudi-arabia-bans-bravely-default-because-it-promotes-pedophilia--272016.phtml04/22/2014 - 9:31pm
ZippyDSMleehttp://www.escapistmagazine.com/news/view/133898-Fatal-Frame-V-Coming-Exclusively-to-Wii-U04/22/2014 - 8:50pm
Matthew Wilsonit is a game worth playing if you have a pc/360/ps304/20/2014 - 9:34pm
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