The ESA Files Its Supreme Court Brief

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The Entertainment Software Association filed its brief asking the United States Supreme Court to find unconstitutional the 2005 California Law restricting the sale of video games. The Supreme Court will examine this issue, with oral arguments starting on November 2. As expected, The ESA is emphasizing that the California law is a violation of the First Amendment protections guaranteed by the Constitution, also emphasizing lower court precedents that have struck down several such laws. In the ESA's (understandably biased) own words:
"The California statute...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." - Michael Gallagher, CEO of the ESA


"Because the California law would impose a content-based restriction on free speech, it is subject to the exacting 'strict scrutiny' standard under the Constitution. The government must show that the law serves a compelling state interest, that the law is necessary to serve that interest, and that the law is the least restrictive means of achieving it. The California law fails every aspect of this test, as the lower courts found." - Kenneth L. Doroshow, General Counsel of the ESA.

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This page contains a single entry by Editor published on September 10, 2010 10:34 AM.

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