ESA Reaction Statement to Brown v. EMA Ruling

June 27, 2011 -

The Entertainment Software Association (ESA) issued a statement welcoming the U.S. Supreme Court's ruling in Brown v. EMA this morning, calling it a "landmark ruling" that protects retailers, videogame developers, and publishers.

"This is a historic and complete win for the First Amendment and the creative freedom of artists and storytellers everywhere. Today, the Supreme Court affirmed what we have always known – that free speech protections apply every bit as much to video games as they do to other forms of creative expression like books, movies and music," said Michael D. Gallagher, president and CEO of the ESA. "The Court declared forcefully that content-based restrictions on games are unconstitutional; and that parents, not government bureaucrats, have the right to decide what is appropriate for their children."

"We are very gratified that our arguments – and those of over 180 other groups and individuals from across the ideological spectrum – were heard in this case," Gallagher continued. "The Court has now definitively held that legislative attempts to restrict video game content will be struck down. It is time for elected officials to stop wasting time and public funds seeking unconstitutional restrictions on video games. Instead, we invite them to join with us to raise awareness and use of the highly effective tools that already exist to help that parents choose games suitable for their children."

In closing the trade group congratulated its legal team, including Paul Smith of Jenner & Block for their oral arguments before the Court. They also praised Ken Doroshow, the ESA’s former general counsel for "spearheading our winning approach."

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Comments

Re: ESA Reaction Statement to Brown v. EMA Ruling

This is the best news I have heard all day. Thank goodness cooler heads prevailed and the First Amendment was upheld.

Re: ESA Reaction Statement to Brown v. EMA Ruling

To the ESA and Paul Smith, I salute you! We couldn't have done it without you!

Re: ESA Reaction Statement to Brown v. EMA Ruling

So...Does this mean all future anti game bills are DOA?

Re: ESA Reaction Statement to Brown v. EMA Ruling

Yes and no.

They'll still try, and they'll be in effect until challenged.

 

Re: ESA Reaction Statement to Brown v. EMA Ruling

Oh, they'll most certainly continue to try.

To use the most obvious example: Roe v. Wade. Decades on, and states are still passing law after law, even if some of them are declared unconstitutional, in the hopes that some of them stick.

Re: ESA Reaction Statement to Brown v. EMA Ruling

Chucking a cinderblock at sheet metal at this point.

Re: ESA Reaction Statement to Brown v. EMA Ruling

That's exactly the example I was thinking of as I penned my response. 

 
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Poll: Is it censorship when a private retailer decides not to sell a particular video game?:

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MechaCrashPride does play a factor. If you sell an IP to someone, and they make a ton of money off it, it makes you look like a tool: why didn't YOU make that money? Better to sit on it than be embarassed that way.05/27/2015 - 10:58pm
ZippyDSMleeAS far as I understand it the suits think sitting on a an IP till the time is right is more profitable than tradeing it around.....hevean forbit soemone use soemthing to make money with....05/27/2015 - 9:58pm
Andrew EisenOh, there's also the Facebook page.05/27/2015 - 4:29pm
hidannikOkay :( Guess I'll just have to YouTube it when I've caught up on all the other podcasts.05/27/2015 - 4:13pm
Andrew EisenI honestly don't know. The show is on my YouTube channel and we promote it here on the site every week.05/27/2015 - 4:11pm
hidannikIs there nothing a podcast app can key on?\05/27/2015 - 4:09pm
Andrew EisenYeah, we lost Libsyn quite some time ago. As such, no RSS or iTunes. We're working on finding a new (and cost effective) home but it's been really slow going.05/27/2015 - 4:07pm
hidannikThe last one on that feed was Feb 905/27/2015 - 4:05pm
hidannikThe feed is at superpac.libsyn.com05/27/2015 - 4:05pm
hidannikI ask because it hasn't shown up in my PocketCasts feed in a while. (I'm currently a month behind)05/27/2015 - 4:02pm
E. Zachary KnightAE, Loved your mom as the guest on your 30 Days of Netflix series. She is one interesting lady.05/27/2015 - 3:47pm
E. Zachary Knighthidannik, If you mean on iTunes, we are working to get it back up there soon. Otherwise, the show must go on. We record live every Saturday at 8pm Central05/27/2015 - 3:47pm
Andrew Eisenhidannik - The podcast will continue this weekend and every weekend after for the foreseeable future. What makes you ask?05/27/2015 - 3:29pm
Matthew WilsonI say no it isnt, but it depends on the reason for not selling it. were the pressured to not sell it. aka target au, or did they chose not to on their own aka gog with hatred.05/27/2015 - 3:28pm
hidannikIs there no more podcast?05/27/2015 - 3:26pm
E. Zachary KnightHere is another thought exercise. How would you feel if game developers traded in IP? http://gamasutra.com/blogs/JorgeMunoz/20150520/243471/Why_dont_developers_buysell_intellectual_property_much_like_other_assets.php05/27/2015 - 3:24pm
Andrew EisenSlightly Mad Studio comments on Wii U version of Project Cars: http://www.nintendolife.com/news/2015/05/exclusive_slightly_mad_studio_head_ian_bell_sets_the_record_straight_on_project_cars_wii_u05/27/2015 - 11:54am
E. Zachary KnightGamasutra has a really interesting interview with the Hatred developers. http://gamasutra.com/blogs/AlbertPalka/20150526/244229/Real_talk_with_Destructive_Creations_Hatred_interview.php05/27/2015 - 10:11am
WonderkarpLove Gamerevolutions Summary of Splatoon "It's like Double Dare found love with a roll of sushi and made a beautiful, action-packed Wii U game."05/27/2015 - 9:41am
E. Zachary KnightExtra Credits promotes SJW PC crap by discussing Rust's decision to include race but not give players a choice. ;) https://www.youtube.com/watch?v=eh1zfdUTqBY05/27/2015 - 9:20am
 

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