ECA VP General Counsel Talks Schwarzenegger v. EMA

ECA vice president and general counsel Jennifer Mercurio is the subject of this GameSpot Interview explaining just how the Schwarzenegger v. EMA will play out before the Supreme Court on November 2. One interesting fact that Jennifer points out is that the average case argued before the Supreme Court takes about an hour. That is a surprising fact, given that some of the most important issues in this country come before the court like the death penalty, First Amendment rights, gay marriage, civil rights, abortion, etc.

While some might argue that Schwarzenegger v. EMA isn’t as important as those issues, I would say that having the ability to speak freely in this country – especially through artistic endeavors such as literature, films, music and video games – is the most important issue of our day. Without free speech, we are not truly a free nation.

Below is an excerpt from the interview:

GS: If they declare the law constitutional, what does that mean? Does it set a precedent for any state to make laws restricting game sales?

JM: If they declare the law constitutional, then the law stands and is enforceable in the state of California. It would set a precedent for the other 49 states to create similar laws and could push all 50 states to pass even more restrictive laws regarding video games and other violent content. In fact, it could set a completely new and sweeping precedent in the regulation of speech that was once presumed protected under the First Amendment.

Read the rest at GameSpot.

[GamePolitics is an ECA publication.]

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