Gaming Faces Its "Single Most Important Challenge" at the Supreme Court

Andy Chalk

One Flag, One Fleet, One Cat
Nov 12, 2002
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Gaming Faces Its "Single Most Important Challenge" at the Supreme Court


The Entertainment Consumers Association [http://action.theeca.com] has announced that it will file a friend of the court document with the U.S. Supreme Court regarding its upcoming consideration of California's "violent videogame law" and is asking consumers to help by signing a petition that will also be submitted.

The Supreme Court of the United States agreed last month [http://www.escapistmagazine.com/news/view/100241-Supreme-Court-Agrees-to-Review-California-Game-Law] to review a California law that would ban the sale of violent videogames to minors. It may look relatively harmless at first glance since most of us agree that minors shouldn't be buying M-rated games anyway, but the case is far weightier than it appears because it directly addresses the question of whether or not videogames are entitled to the same First Amendment protections as other forms of media.

"The Court is going to listen to oral arguments on whether to agree with previous federal court findings or not," explained ECA vice president and general counsel Jennifer Mercurio. "Agreeing would mean that they believe that video games are, and should continue to be, First Amendment protected speech; just like movies and music. The Court disagreeing would mean that video games should be treated differently, which the ECA strongly believes to be unconstitutional and could lead to new bills and laws curtailing video game access in states across the country."

"The gaming sector, as a whole, has arrived at perhaps the single most important challenge it has ever faced in the U.S.," added ECA President Hal Halpin. "The medium itself and how it, the trade, and its consumers will be perceived for the long term is at stake."

In addition to the amicus brief [http://en.wikipedia.org/wiki/Amicus_brief], the ECA has opened a petition to establish "an authoritative collective position by American consumers of interactive entertainment" which will also be submitted to the court. "Anyone who cares about gaming should feel compelled to both sign the petition and encourage their friends and family to do similarly," Halpin continued. "These documents will provide the court with one clear collective voice with which to vocalize our position and reinforce that we agree with the lower court findings: Games, like music and movies, are protected free speech."

The Supreme Court is expected to hear arguments in the Schwarzenegger v. EMA case later this year or in early 2011. Gamers (and anyone else who believes in the sanctity of the First Amendment) who wish to sign the petition can do so at www.GamerPetition.org [http://www.gamerpetition.org].


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Jack and Calumon

Digimon are cool.
Dec 29, 2008
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Equal Rights for Games! Let us make a march on Washington California for all those who live in America. The rest of us, eat some Crisps.

Calumon: Yay, Jack's back from School! ^^
 
Apr 28, 2008
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Don't games already have the highest compliance rate in terms of not allowing kids get access to violent stuff? But I guess these solid facts that prove this law isn't really necessary doesn't matter much. I hope they throw this statistic in the court's face.
And even if it did pass, kids would just get their parents to buy the games. Like they already do now.

Anyway, I signed, and I hope that they agree. I really don't want to see games get classified as not First Amendment protected.

And if things do take a turn for the worst, I wonder what will happen to gaming as a whole. With most games developed in the U.S., it will be interesting to see how things play out. Games developed overseas will probably not change much, but may change drastically if they have a U.S. release.
 

Cabisco

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Onyx Oblivion said:
Cue courtroom battle music...
Theirs such a thing? I'm cetainly intrigued. Well I think Games should certainly be protected by free speech, but I get the whole idea about stopped the sales to minors.
 

Azhrarn-101

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Jul 15, 2008
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I wonder how much money California (and Schwarzenegger) are getting from the movie and music industry to try and get First Amendment protection revoked for Video Games.
 

SomeBoredGuy

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Nov 18, 2009
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Jack and Calumon said:
Equal Rights for Games! Let us make a march on Washington California for all those who live in America. The rest of us, eat some Crisps.

Calumon: Yay, Jack's back from School! ^^
I just realised that you can't sign outside of the US, so I guess I'll just have to do this. Except I don't like crisps.
 

Onyx Oblivion

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Sep 9, 2008
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Azhrarn-101 said:
I wonder how much money California (and Schwarzenegger) are getting from the movie and music industry to try and get First Amendment protection revoked for Video Games.
REALLY? You think that's what this is about?

Those industries COMPLIMENT each other. Game soundtracks, movie tie-in games, etc.
 

Jared

The British Paladin
Jul 14, 2009
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Here is hoping it all goes well! If it dies be one giant step!
 

bad rider

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I really hope this passes If it dosen't likely, similar legislation treating video games differently, would appear in the uk.
 

Dexiro

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They consistently make it out as though it's the game developers responsibility to stop minors from buying violent games, or the game retailers.. or something.

It's noones responsibility but the parents. Everyone else is doing their part, retailers in particular are usually really cautious and strict about selling M rated games.
But the amount of times i've seen parents buy games fully in the knowledge that they're violent.
Once i heard one of the staff from a retailer explain the airport in MW2 in full gory detail, and the parent just shrugged and said what the hell.

Mini-rant over, i have no idea what would happen to games if this law thingy got passed. Is it another M-rated ban or something?
 

Nevyrmoore

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Aug 13, 2009
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Ah, I see, now this explains it a little more clearly than the other thread I posted in. I agree with the law itself, but I also think that games should be considered the same as films and music.
 

Cabisco

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SilentHunter7 said:
Demon ID said:
Onyx Oblivion said:
Cue courtroom battle music...
Theirs such a thing?
Well Castle Crashers proved there can be wedding battle music, so why not?
Damn that game was good, I can't quite for the next game of theirs. Sadly as i'm not an American I can't sign, but if I have chance i'll mention it too a couple of American friends.
 

Andy Chalk

One Flag, One Fleet, One Cat
Nov 12, 2002
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Nevyrmoore said:
Ah, I see, now this explains it a little more clearly than the other thread I posted in. I agree with the law itself, but I also think that games should be considered the same as films and music.
If you believe that games are entitled to the same protections as films and music, then you pretty clearly don't agree with the law. This is one of those "either/or" deals.

And while Europeans may not be eligible to sign the petition, Canadians definitely can, so don't skip it just because you live in the GWN.
 

brodie21

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Apr 6, 2009
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shows how big of a pussy Schwarzenegger has become. jumping on the bandwagon to restrict games. hypocrite
 

No-Superman10

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If they try to pass somthing like this in the UK there will be seroius business goin' down in London town.