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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Andrew EisenI think TT Games gets away with multiple LEGO games a year because they're all based on different franchises. If there were two or three LEGO Star Wars games every year, I think people would feel the same fatigue as they do with Assassin's Creed.03/31/2015 - 6:40pm
Andrew EisenIn other words, a hero is male because that's the default. A hero is female because of a gender-related reason. So, male heroes are for everyone. Female heroes are for women.03/31/2015 - 5:32pm
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Andrew EisenDaniel - She doesn't say that in any of the TvW videos and I doubt she's said elsewhere that all games with male protagonists are male power fantasies. Anyway, you seem to be conflating two different ideas.03/31/2015 - 5:30pm
MaskedPixelantehttps://twitter.com/Yuriofwind/status/583028257890635776 Oh snap!03/31/2015 - 5:14pm
WymorenceFor me it just boils down to the fact that, even at a giant company, when a game comes out annually it just gives it a vibe of being rushed out the door. And god knows Unity sucked some major lemur with all its bugs...03/31/2015 - 4:22pm
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Sora-ChanWikipedia has rarely let me down on matters like this. But yeah... AC needs a break.. like two.. or three... or eight years.03/31/2015 - 2:51pm
ConsterThere's 9 already?! I think I played 1, 2, and the ones inbetween 2 and 3.03/31/2015 - 2:23pm
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Sora-ChanI tried to get into AC. Was having a decent time with the first one, at which point they had already released three titles. Then a fourth came out... then a fifth... the wall kept growing before I could finish the first.03/31/2015 - 2:14pm
Daniel LewisI think ubisoft should give AC a break before it's milked to death,and i'm a big fan of the games03/31/2015 - 1:15pm
PHX Corphttp://www.polygon.com/2015/3/31/8320017/assassins-creed-chronicles-china-india-russia Assassin's Creed Chronicles is now a trilogy, goes to China, India and Russia03/31/2015 - 1:11pm
Daniel LewisThe only thing said i disagree with is the final quote on Men's experiences are seen to be universal but women are gendered,though doesn't anita say that games with male protagonists are male power fantasies,so in turn both are gendered03/31/2015 - 1:08pm
Daniel Lewisi found the video to be much better than any of the TvW series and it's about time the positive women are put in the spotlight03/31/2015 - 1:06pm
Daniel LewisSo feministfrequency released a positive female character video https://www.youtube.com/watch?v=gXmj2yJNUmQ03/31/2015 - 1:05pm
Daniel LewisI think the guy who made the direct leak said it was an april fools joke when a real one was announced03/31/2015 - 12:43pm
MaskedPixelanteNo way Nintendo would let information like that get out. Remember, they shut down a memoir about the localization of Earthbound by enforcing a 20 year old NDA on the author.03/31/2015 - 12:42pm
Andrew EisenOh, there's definitely a Nintendo Direct tomorrow, but that beat-by-beat recap is almost certainly bogus.03/31/2015 - 12:20pm
 

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