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Supreme Court's Brown v. EMA opinions: A digest

Griffin McElroy — Mon, 27 Jun 2011 19:30:00 EST

Between the majority, concurring and dissenting opinions published in today's Supreme Court decision on Brown v. EMA, there's a good 92 pages of legalese for enthusiastic gaming activists to pore over. If you don't feel like flipping through a novella of legal documents in search of relevant, easily digestible bits, feel free to check out some highlights from each opinion, which we've compiled after the jump!

Continue reading Supreme Court's Brown v. EMA opinions: A digest

Supreme Court's Brown v. EMA opinions: A digest originally appeared on Joystiq on Mon, 27 Jun 2011 19:30:00 EST. Please see our terms for use of feeds.

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Analysis: What today's Supreme Court decision means to us

Griffin McElroy — Mon, 27 Jun 2011 12:45:00 EST

In 2005, California state legislature passed Assembly Bill 1179, a law penned by Democratic state senator Leland Yee which prohibited the sale of violent video games to minors. The law mandated the application of special stickers to titles deemed too violent, and slapped retail employees who sold those games to anyone under the age of 18 with a maximum $1,000 fine. The law was signed by then-Governor Arnold Schwarzenegger, but was struck down by the United States District Court for the Northern District of California before it could be enforced.

Following an unsuccessful appeal of that decision in the Ninth Circuit Court of Appeals, the law's progenitors petitioned for a hearing in the United States Supreme Court. The petition was successful, the case was argued last November and, earlier today, seven of the nine Supreme Court Justices decided to uphold the decision of the lower courts: California Assembly Bill 1179 violates the First Amendment rights afforded to all forms of media in the United States.

This decision obviously doesn't just affect Californian teenagers with a penchant for video games above their maturity level. It represents a vote of confidence in games and the non-governmental agency (see: The ESRB) which regulates their sale.

Continue reading Analysis: What today's Supreme Court decision means to us

Analysis: What today's Supreme Court decision means to us originally appeared on Joystiq on Mon, 27 Jun 2011 12:45:00 EST. Please see our terms for use of feeds.

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ECA rally before the Supreme Court violent game hearing captured on video

Griffin McElroy — Tue, 30 Nov 2010 05:00:00 EST

Though you've probably heard plenty of empirical evidence on Xbox Live to the contrary, gamers are capable of being angry about something without totally losing their minds. Check out the video below of the ECA rally held before Schwarzenegger v. EMA to see how cooler heads prevailed in D.C.

Continue reading ECA rally before the Supreme Court violent game hearing captured on video

ECA rally before the Supreme Court violent game hearing captured on video originally appeared on Joystiq on Tue, 30 Nov 2010 05:00:00 EST. Please see our terms for use of feeds.

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ESA confident its case was heard in Supreme Court argument

Griffin McElroy — Tue, 02 Nov 2010 16:42:00 EST

Following today's oral arguments session in the U.S. Supreme Court case Schwarzenegger v. EMA, representatives from the Entertainment Software Association (they're on the EMA side) held a conference call to discuss how they thought things went. ESA president Michael Gallagher was optimistic, saying, "Today was a historic day, not only for the computer and video game industry, but for the First Amendment." He added, "I think that in court today, you heard every single argument the industry has made, articulated not just by Paul [Smith] ... but by the justices themselves."

"ESA is very, very proud of the work that was done by Paul," Gallagher said. "The argument today was very lively, the justices were very informed and the dialogue clearly established that video games are entitled to the same treatment as movies, music, books and other forms of entertainment."

Jenner and Block counsel of record Paul Smith, who presented the EMA's arguments during today's hearings, was similarly optimistic. He offered his opinion that the representative from California's arguments didn't satisfy the "strict scrutiny" requirements needed to revoke video games' First Amendment protections. He added, "Though there's obviously a great deal of complexity in the whole thing -- and it's very difficult to come away knowing with any sense of confidence where the court's going to come down specifically -- we do feel pretty good about having all of our arguments aired, and getting a lot of traction."

ESA general counsel and senior vice president Kenneth Doroshow echoed Smith's confidence, saying, "It was gratifying to hear all of the themes we had presented in our papers echoed by one or more justices at various times throughout the day. We feel very confident that our case was heard as thoroughly and carefully as it can be."

"There's really no way to know for sure how this is going to come out," Doroshow said, "but we at least feel good that the best case possible was put forward for the industry and our position."

ESA confident its case was heard in Supreme Court argument originally appeared on Joystiq on Tue, 02 Nov 2010 16:42:00 EST. Please see our terms for use of feeds.

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Our favorite SCOTUS quotes with commentary from the NBA Jam guy

Justin McElroy — Tue, 02 Nov 2010 13:50:00 EST

We're still poring over the transcripts from today's Schwarzenegger vs. EMA case, and as we discussed it, we decided our enthusiasm for the judges' utter contempt for the Schwazenegger side's argument could only be summed up with quotes from NBA Jam announcer Tim Kitzrow.

Enjoy.

Continue reading Our favorite SCOTUS quotes with commentary from the NBA Jam guy

Our favorite SCOTUS quotes with commentary from the NBA Jam guy originally appeared on Joystiq on Tue, 02 Nov 2010 13:50:00 EST. Please see our terms for use of feeds.

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Transcripts from Supreme Court's violent game case available now

Griffin McElroy — Tue, 02 Nov 2010 13:05:00 EST

You've read about the stakes, you've read about the procedure -- now it's time to read about exactly what went down in the hallowed halls of the U.S. Supreme Court earlier today, when representatives from the Entertainment Software Association and the state of California butted heads over the contentious Schwarzenegger v. EMA case. The Supreme Court's official website recently posted a complete transcript of the oral arguments from both parties -- you can pore over an embedded version of it below.

The 72-page document is quite a read -- we'll update this post periodically with highlights from the proceedings. Click past the jump for more!

Continue reading Transcripts from Supreme Court's violent game case available now

Transcripts from Supreme Court's violent game case available now originally appeared on Joystiq on Tue, 02 Nov 2010 13:05:00 EST. Please see our terms for use of feeds.

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ESA General Counsel lays out game industry argument to the Supreme Court

Griffin McElroy — Mon, 01 Nov 2010 20:08:00 EST

When the clock strikes 10 a.m. tomorrow morning in Washington, D.C., the Supreme Court will begin hearing oral arguments in the case of Gov. Arnold Schwarzenegger v. Entertainment Merchants Association. By now, you know how the results of this landmark case will affect the video game industry and its consumers -- but who's actually going to bat for the industry in tomorrow's hearings? More importantly, how does that litigatory sausage get made?

Entertainment Software Association general counsel and senior vice president Kenneth Doroshow is one such batter (or sausage-maker, depending on which of the previous metaphors you followed). A media law heavyweight in his own right, Doroshow has served as an executive for the Recording Industry Association of America and as senior counsel the U.S. Department of Justice before joining the ESA in September 2008. Tomorrow, he'll be one of the legal representatives for the Entertainment Merchants Association, responsible for helping it make its side of the argument to the Supreme Court.

Doroshow broke down the specifics of that argument for us earlier today. To learn about the case the ESA is presenting in court tomorrow -- as well as the possible repercussions of the Supreme Court's decision -- check out our Q&A with Doroshow after the jump.

Continue reading ESA General Counsel lays out game industry argument to the Supreme Court

ESA General Counsel lays out game industry argument to the Supreme Court originally appeared on Joystiq on Mon, 01 Nov 2010 20:08:00 EST. Please see our terms for use of feeds.

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How tomorrow's Supreme Court violent game case could affect consumers

Griffin McElroy — Mon, 01 Nov 2010 15:40:00 EST

Tomorrow, the United States Supreme Court will convene to hear oral arguments for Gov. Arnold Schwarzenegger v. Entertainment Merchants Association -- a case most gamers are likely familiar with. The court will decide whether or not to overturn the decisions of the Northern District of California Court and the Ninth Circuit Court of Appeals -- both of which found California law AB 1179, which bans the sale of "violent" video games to minors, to be unconstitutional.

According to Entertainment Consumers Association vice president and general counsel Jennifer Mercurio, there's a lot more at stake in this case than whether or not mature titles will be legally withheld from Californian teenagers. Much, much more, in fact -- should the Supreme Court overturn the ruling of the two lower courts, certain First Amendment protections currently afforded to video games (and, by association, other forms of entertainment media) could be abolished, completely changing the landscape of the industry.

Mercurio sums it up nicely: "I'd say it's clearly the most important and influential decision that the video game industry has ever faced."

Continue reading How tomorrow's Supreme Court violent game case could affect consumers

How tomorrow's Supreme Court violent game case could affect consumers originally appeared on Joystiq on Mon, 01 Nov 2010 15:40:00 EST. Please see our terms for use of feeds.

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ECA to stage Washington rally prior to Supreme Court battle

Richard Mitchell — Thu, 14 Oct 2010 03:00:00 EST

Filed under: Weird But True, Opinions, New In Pop Culture

Oral arguments for the Schwarzenegger v. EMA Supreme Court case are set to begin on November 2. In the run up to the historic court battle, which could result in the restriction of sales of violent video games, the Entertainment Consumers Association is planning to organize a rally on the steps of the Supreme Court itself. The event is set to take place on November 2 at 9:00 am at the US Supreme Court Building, with the ECA calling on gamers to join the rally "in support of free speech."

If you're planning on going, why not organize a carpool in the comments? After that, read through our litany of coverage on the issue, from its humble beginnings as a failed California state law to its upcoming moment in the spotlight before the Supreme Court. After all, we're sure it's a long ride to D.C. Might as well bone up on current events, right?

Continue reading ECA to stage Washington rally prior to Supreme Court battle

ECA to stage Washington rally prior to Supreme Court battle originally appeared on Joystiq on Thu, 14 Oct 2010 03:00:00 EST. Please see our terms for use of feeds.

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Common Sense Media: 72 percent of parents support proposed Calif. violent game law

Griffin McElroy — Mon, 13 Sep 2010 22:15:00 EST

Filed under: Weird But True, Opinions, New In Pop Culture

The non-profit, family-centric organization known as Common Sense Media recently published the results of a nationwide poll conducted by Zogby International, which asked 2,100 parents about their stance on the contested California law that would ban the sale of "offensively violent" games to minors. According to a press release from the group, 72 percent of respondents support the ban, while 75 percent would "rate the video game industry negatively when it comes to how they protect kids from violent video games."

Said Common Sense Media founder James Steyer: "What we've learned from this poll is that parents want to be the ones who decide which games their kids play, not the video game industry."

Of course, the Supreme Court isn't ruling on who decides which games kids play. The court's ruling on whether First Amendment protections can be waived for games deemed by ... someone to be too violent, formalizing a policy already adopted by major retailers into a California state law. Parents, as far as we know, still have the final say over what media their kids are allowed to consume -- not the video game industry, the ESRB, Governor Schwarzenegger or even the Supreme Court.

Then again, when you support your position with videos like the one posted after the jump (the link to which was included in Common Sense's press release), we can understand why parents might lose the equanimity required to make that distinction.

Continue reading Common Sense Media: 72 percent of parents support proposed Calif. violent game law

Common Sense Media: 72 percent of parents support proposed Calif. violent game law originally appeared on Joystiq on Mon, 13 Sep 2010 22:15:00 EST. Please see our terms for use of feeds.

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Entertainment Software Association files brief in Supreme Court case

Griffin McElroy — Sat, 11 Sep 2010 21:00:00 EST

Filed under: Weird But True, Opinions, New In Pop Culture

The Entertainment Software Association and Entertainment Merchants Association have voiced their side of the upcoming Supreme Court review of the 2005 California law which prohibits the sale of "offensively violent" games to minors. The two organizations have filed a joint brief in the Supreme Court, which explicitly states (several times) that "the California statute is unnecessary, unwarranted, and unconstitutional."

The brief adds, "it would threaten freedom of expression not just for video games, but for all art forms. It would also tie up our courts in endless debates about what constitutes acceptable creative expression in our media. It protects no one and assaults the constitutional rights of artists and storytellers everywhere." Of course, in these matters, it would be irresponsible for us to side with one of the two involved parties but OH MAN COME ON THE ESA IS TOTALLY RIGHT.

Check out the entirety of the brief on the ESA's official site. Stay tuned -- Schwarzenegger v. Entertainment Merchants Association and Entertainment Software Association will go into oral argument November 2.

Entertainment Software Association files brief in Supreme Court case originally appeared on Joystiq on Sat, 11 Sep 2010 21:00:00 EST. Please see our terms for use of feeds.

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EA's Jeff Green chimes in on California game law Supreme Court case

Griffin McElroy — Tue, 13 Jul 2010 23:00:00 EST

Filed under: Weird But True, Opinions, New In Pop Culture

[Image Source]

If you were looking for a concise explanation of why you should care about the upcoming Supreme Court review of California's oft-defeated measure to outlaw the sale of "excessively" violent games to minors, look no further than the blog of EA's Jeff Green. Then again, you've probably heard his argument before: Films have the MPAA, and games have the ESRB. Why does Gov. Schwarzenegger think the first can be self-regulated, while the second must be restricted by state law?

Green worries that, should the law be reenacted, it could have "a chilling effect on the gaming industry as a whole," forcing developers to constantly second-guess the content that goes into their games. He encourages everyone who wants to voice their opinion on the bill to speak up on this ECA-penned petition.

EA's Jeff Green chimes in on California game law Supreme Court case originally appeared on Joystiq on Tue, 13 Jul 2010 23:00:00 EST. Please see our terms for use of feeds.

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LA Times: Parents should regulate what games kids play, not government

Griffin McElroy — Sat, 28 Feb 2009 20:00:00 EST

Filed under: Politics

In one of the most well-reasoned and least sensationalized articles on government regulation of violent games we've ever seen out of the mainstream press, the Los Angeles Times recently published an editorial pointing out the unnecessary and unconstitutional nature of a recently rebuked California bill which mandated "18+" warning labels be applied to M-rated games, and enforced strict $1,000 penalties for retailers who sold such titles to minors.

The editorial denotes the flawed logic which went into the bipartisan regulation, and aptly places the onus for keeping adult-centric titles out of youngsters' hands on their parental units, who "don't need permission from a legislator or judge to keep an eye on what their children are doing." We can't help but agree -- besides, with the Golden State currently staring down the barrel of a $42 billion deficit, we're not convinced that the taxpayers of California can afford to keep making such charitable donations to the ESA.

LA Times: Parents should regulate what games kids play, not government originally appeared on Joystiq on Sat, 28 Feb 2009 20:00:00 EST. Please see our terms for use of feeds.

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California video game law fails again in Circuit Court

Alexander Sliwinski — Fri, 20 Feb 2009 18:00:00 EST

The 9th Circuit Court has affirmed that the California game law is not going to fly -- so, state tax payers better prepare to write the Entertainment Software Association another check. This latest appeal was pushed by Gov. Arnold Schwarzenegger after a lower court had seemingly killed the law by placing a permanent injunction on it.

ESA president Michael Gallagher believes this is a "win" for California's citizens, stating this is a "clear signal" that this type of "reckless" legislation is an "exercise in wasting taxpayer money, government time, and state resources." GamePolitics reports that Leland Yee (D) is pushing for California to appeal the ruling to the Supreme Court. Wonder how much money the ESA would get back from fighting that?

California video game law fails again in Circuit Court originally appeared on Joystiq on Fri, 20 Feb 2009 18:00:00 EST. Please see our terms for use of feeds.

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Spitzer wins GamePolitics' biggest political hypocrite poll

Alexander Sliwinski — Thu, 10 Apr 2008 22:00:00 EST

Filed under: Culture

GamePolitics had a pretty sweet idea this week when it polled readers on who they thought the biggest political hypocrite is when it comes to the games industry. Was it Boston's Mayor Menino, who's seeking to pass a "games as porn" bill while trying to woo developers to the city; or perhaps California's Gov. Arnold Schwarzenegger who... well, look at the man's career! Nope, the winner, by a wide margin, was New York's disgraced former governor Eliot Spitzer.

Spitzer wins the poll for actions like attacking Grand Theft Auto and making sensationalist statements like, "Children can even simulate having sex with a prostitute." Meanwhile, the governor was doing more than simulating when he played the role of Client 9 to a high-priced prostitution service. It's still as delicious to write now as it was a month ago.

Continue reading Spitzer wins GamePolitics' biggest political hypocrite poll

Spitzer wins GamePolitics' biggest political hypocrite poll originally appeared on Joystiq on Thu, 10 Apr 2008 22:00:00 EST. Please see our terms for use of feeds.

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Gov. Schwarzenegger distances self from Conan games

Kyle Orland — Wed, 12 Dec 2007 16:23:00 EST

Filed under: Culture, Sony PlayStation 3, Microsoft Xbox 360, Fashion

While he might be a big shot politician these days, California Gov. Arnold Schwarzenegger will always be associated with his breakthrough movie role as Conan the Barbarian. So it's not horribly unfair for the ABC7 Sacramento news team to ask the Governor's office how his public opposition to video game violence gels with THQ's new, extremely gory Conan video game. "The Conan character existed far before the governor portrayed him in the movies, and it still exists in different forms of entertainment," said Aaron McLear, the governor's press secretary. "The governor has no association with that game."

Fair enough, but we're a little disappointed the ABC7 reporter didn't go the extra step and ask Schwarzenegger how he felt about the violence in the Conan movie -- the one he was associated with. Surely some children were exposed to the movie's wonton brutality and turned into broadsword wielding murderers, right? So why the double standard? And why no Kindergarten Cop video game? Inquiring minds want to know!

[Via GamePolitics]

Gov. Schwarzenegger distances self from Conan games originally appeared on Joystiq on Wed, 12 Dec 2007 16:23:00 EST. Please see our terms for use of feeds.

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ESA wants Schwarzenegger to pay for legal fees

Ross Miller — Thu, 06 Sep 2007 15:25:00 EST

Filed under: Business, Politics

California Governator Arnold Schwarzenegger made good on his promise today to file an appeal over a judge's ruling that a recently-proposed violent video games law was unconstitutional. In apparent retaliation, the Entertainment Software Association has filed a motion for California to recoup $324,840 in legal fees for its previous, successful challenge against the law.

In a statement, the ESA said that if the motion is granted, the industry will have been awarded a total of $1.9 million in fee and expenses for "defending its First Amendment rights" in this case and eight others. The trade association has a pretty good batting average so far, but does it have the firepower to defeat a T-101 ~~exo~~ skeleton?

[Update: Although we like the thought of a robotic insectoid turtle monster, we have to provide canonical accuracy. The T-101 skeleton was on the inside of the body. Fixed.]

ESA wants Schwarzenegger to pay for legal fees originally appeared on Joystiq on Thu, 06 Sep 2007 15:25:00 EST. Please see our terms for use of feeds.

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Video Game Voters Network starts Stop Schwarzenegger Campaign

Justin McElroy — Tue, 14 Aug 2007 14:13:00 EST

Filed under: Culture, Politics

You have to give it to the Video Game Voters Network: They've got guts. The organization is attempting to do what T-1000, Sinbad, a kindergarten class, and yes, The Devil himself could not: Stop Arnold Schwarzenegger. As you may already know, the governor of California (does anyone else still get the feeling we're living in Bizarro World?) is moving forward on an appeal of a judge's ruling that proposed AB 1179, which would legally ban minors from buying "violent video games," is unconstitutional.

The VGVN is trying to preempt the action, asking Californians to send this letter or one of their own creation to Schwarzenegger as they implore him to drop the bill and instead focus on education. "But Joystiq," we hear you ask, "if it's already been ruled unconstitutional, why does he continue to fight? What could Schwarzenegger possibly have against the Constitution?" Oh dear, sweet reader. We should think it would be obvious.

Video Game Voters Network starts Stop Schwarzenegger Campaign originally appeared on Joystiq on Tue, 14 Aug 2007 14:13:00 EST. Please see our terms for use of feeds.

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California game law won't be back

Alexander Sliwinski — Mon, 06 Aug 2007 18:55:00 EST

Filed under: Culture

The California game law which would have restricted anyone under the age of 18 from buying or renting "violent video games" has been effectively terminated. The bill, signed by Governor Arnold Schwarzenegger back in 2005, which was created by politician Leland Yee, had a preliminary injunction put on it while the ESA fought the bill in the courts. Today a judge made the injunction permanent.

The bill follows in the long list of game laws found unconstitutional at this point. Yet, that still doesn't stop more states from attempting to recycle the tired legislation. According to Bo Andersen, president of the Entertainment Merchants Association, "It was inevitable that the federal district court would find the California video game restriction law unconstitutional, as eight similar laws around the country have been overturned in the past six years." Ready kids, here comes the fun part -- how much is California going to have to pay the ESA back for fighting the law? Politicians need to learn that when they push through unconstitutional laws, it's the taxpayer who pay -- literally.

California game law won't be back originally appeared on Joystiq on Mon, 06 Aug 2007 18:55:00 EST. Please see our terms for use of feeds.

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