California filed its brief with the Supreme Court on Monday
July 14, 2010 — The president of the Entertainment Software Association (ESA), which represents US video game publishers, used the First Amendment defense to respond to a brief filed with the US Supreme Court by the state of California.
California had passed a law banning the sale of violent video games to minors, but the law was successfully defeated in federal court and the US Circuit Court of Appeals. The US Supreme Court said that it will hear the case this fall.
ESA President and CEO Michael Gallagher responded to California’s brief by saying, “Computer and video games are First Amendment protected speech. There is an unbroken chain of more than a dozen previous court rulings agreeing.
“Courts across the country recognize that computer and video games, like other protected expression such as movies, books, and music, have an artistic viewpoint, and use sounds and images to create an experience and immerse the player in art. That is why other courts have unanimously affirmed that video games are entitled to the same constitutional protection as movies, music, books, and other forms of art.”
The ESA has until Sept. 10 to file its brief. Oral arguments are expected this fall.
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