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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MattsworknameNot sure if your being sarcastic, or if you joined up with EA's marketing department07/06/2015 - 4:01am
Andrew EisenI don't know, maybe a heaping, helping of DRM is the panacea for all that ails Konami.07/06/2015 - 1:24am
MattsworknameThe only thing thats gonna save them andrew , is walking back all the stupid they have been doing lately. At this point , ithink they did to much damage to there brand to survive07/06/2015 - 12:42am
PHX Corphad there been a sonic 4 episode 3, I would Buy it on Steam, Xbox 360 and PS3 right away07/05/2015 - 10:10pm
Andrew EisenWell, what if Konami released MGS 5 with a mandatory $60 plastic peripheral? Do you think that would help?07/05/2015 - 8:09pm
MattsworknameI dont think so, I think that between the lose of iga, kojima, and so forth, i think MGS 5 will be less succesfull then they think, and tha will spell there end.07/05/2015 - 7:08pm
Andrew EisenI'm sure the Metal Gear micro-transactions will keep 'em afloat!07/05/2015 - 6:58pm
MattsworknameKonami is dying, slowly, surely, inevitably. Capcom is in the same situation, and I think that if they don't get there respective acts together, there going to pull a thq and sell off all there IP.07/05/2015 - 6:51pm
Andrew EisenHowever, if you have a gaming PC and like PC gaming, the Wii U is arguably the best console you could get (unless you just don't care for Nintendo's games, of course).07/05/2015 - 6:07pm
Andrew EisenAnyway, if the Wii U is your only gaming platform, yeah, you're missing out on a ton of great stuff.07/05/2015 - 6:06pm
Andrew EisenMatthew is referring to my latest video, if anyone's wondering. https://www.youtube.com/watch?v=FkuL1UVHYJA07/05/2015 - 6:00pm
Matthew Wilson@AE the wiiu may have the best exclusives among consoles, but lack of third party support kills it. now if we want to play the exclusives game, the pc wins, not just in numbers,but some of the best games I have played.07/05/2015 - 5:53pm
Andrew EisenPic of the pack with measurements: https://twitter.com/paulfeig/status/61768231705475481607/05/2015 - 5:38pm
Andrew EisenThis is really cool to see. Ghostbusters director helping out cosplayers with prop pics. Here's the thrower with measurements: https://twitter.com/paulfeig/status/61735089365938995307/05/2015 - 5:37pm
Matthew Wilsonhttps://www.youtube.com/watch?v=2lMLRIwiB_c a very interesting video. by Unseen64 Tamaki. the video covers how project hammer fell apart.07/05/2015 - 3:43pm
Andrew EisenImagine if Nintendo started charging for the Super Guide feature it has in some of it's games. That's what the MGS microtransactions sound like to me.07/05/2015 - 12:36pm
PHX Corphttp://www.gamesradar.com/konami-mgs-5s-microtransactions-and-future-franchise/ Konami explains MGS 5's microtransactions & what happens after Koj07/05/2015 - 12:21pm
Andrew EisenFinished Gone Home last night. Really enjoyed that game. Very different. Definitely not for everyone though.07/05/2015 - 11:00am
InfophileI know the ZE series was in the red in Japan, but international series boosted it to profitability. That may not mean it's more profitable in the west, but it does mean ZE3 wouldn't exist without the western market.07/04/2015 - 7:54am
Consterwhy aren't "Video game players" an option on the poll? :P07/04/2015 - 5:19am
 

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