ESA Celebrates Supreme Court Decision, Addresses Questions/Concerns
June 28, 2011 10:19 AM
ESA President Michael Gallagher
ESA believes the Supreme Court protected the rights the video game industry felt it already had, and does not foresee any more similar cases in the near future
a huge victory for the video game industry
as the Supreme Court ruled against sale restrictions of violent video games to children. While certain Californians like Sen. Leland Yee (D-San Francisco) are not thrilled with the decision, the Entertainment Software Association (ESA) was pleased with these results and even classified video games as protected speech at a press call yesterday.
ESA President Michael Gallagher gladly responded to questions regarding the Supreme Court decision, saying that this was "the thirteenth consecutive decision, and obviously the most important," and that the court upheld "the First Amendment rights of video game developers and video game companies."
California has been battling the video game industry in court since 2005 in an attempt to restrict the sales of violent video games to those
under the age of 18
. Yee was an avid supporter of this law, and described "violent" as killing, sexually assaulting, dismembering or maiming another human being.
"The state of California spent six years and hundreds of thousands - it will probably approach over a million dollars - in fees and creating uncertainty in the marketplace, and now we've reached this result where the Entertainment Software Ratings Board (ESRB) is, in fact - as we've been saying for years - is the right approach," said Gallagher.
While Gallagher believes the video game industry and ESRB are in the right, he wanted to make it clear that the Supreme Court's decision did not extend the rights of video game companies. In other words, it doesn't mean that more violent games can be made. Rather, Gallagher says it guarantees the rights the industry already had.
"Today's decision is not going to confer any new rights onto the video game industry; it simply affirms the rights that we believe we've always had," said Gallagher. "The court decision didn't create a new right or a new opportunity and the industry is not going to take a different tack when it comes to ratings and making sure that we're
being clear with parents
about what our industry is providing."
From a lawyer's perspective, the Supreme Court's decision will likely keep the argument regarding violent video games at bay, but recognizes that the topic may come up again at some point.
"There's always the possibility that a change in personnel will change the views of the court," said lawyer Paul M. Smith. "This is a very strong opinion and the court does not overrule itself very readily. The quickest you see is decades at a time, in most cases.
"They didn't exactly suggest how you could write a law that could pass constitutional muster, and it's my view having worked on these cases for a decade that it is not possible using the tools of the English language to write a law that separates out permissible from impermissible violence for minors in a way that would have anywhere near the clarity you would require under the First Amendment, even if you got past all the other constitutional problems that the majority pointed out."
Smith added that any state attempting to pass a bill trying to
regulate video game content
is "just asking to pay my legal fees," and that the chance of another similar case anytime soon "has been slammed shut."
One question posed to Gallagher was what the chances of another similar case were if science proved that there was a link between violence in video games and violence in children, and Gallagher insisted that there is no link.
The question of more realistic graphics and content in the future was brought up as well.
"You could look at electric toothbrushes and microwave ovens and probably have similar concerns and right now, I'm not dealing with hypotheticals," said Gallagher. "Based on everything we know right now, the
court did exactly the right thing
"So, I think the same thing of the music industry. They can't say that they're losing money, you know what I'm saying. They just probably don't have the same surplus that they had." -- Wu-Tang Clan founder RZA
Supreme Court Rules Against California Law to Ban Sale of Violent Games to Minors
June 27, 2011, 8:15 PM
Study Shows 97 Percent of Kids Play Video Games
September 17, 2008, 2:32 PM
"M" Rated Videogames on the Decline
February 8, 2008, 7:51 AM
Two Different Approaches to Educating Parents About Videogames
December 16, 2007, 2:42 AM
WhatsUp with WhatsApp?
August 29, 2016, 5:23 AM
Fuchsia – Google’s New Open Source Operating System
August 17, 2016, 6:30 AM
Windows 10: End of an Era & A New Beginning
August 1, 2016, 9:59 AM
Free Windows 10 offer ends July 29th, 2016: 10 Reasons to Upgrade Immediately
July 22, 2016, 9:19 PM
Quick Note: Whoops, Microsoft Pushed Unwanted Windows 10 to Some Users
October 15, 2015, 9:04 PM
Quick Note: Windows 10 Insider Preview Build 10565 Fixes Boot Camp 6.0 Issues
October 13, 2015, 11:39 AM
Most Popular Articles
Phillips 55’ 4K Smart TV – Is This Really a Deal? We Think So.
November 25, 2016, 9:44 AM
Sales Battle - Apple iPad Mini vs Samsung Galaxy Tab
November 29, 2016, 12:36 AM
Echo Dot is a Best Seller - Sold Out Until December 1, 2016.
November 26, 2016, 6:00 AM
PlayStation 4 Pro – 4K Console for 4K TVs
November 28, 2016, 1:00 AM
Star Wars Android Smartphones coming to a Japanese Galaxy Near You
November 26, 2016, 5:00 AM
Latest Blog Posts
Dec 2, 2016, 5:00 AM
Surface Ergonomic Keyboard
Dec 1, 2016, 3:01 AM
Chapeconense plane crash: Football rallies around Brazilian Team
Nov 30, 2016, 1:00 AM
How to Extends Your iPhone’s Battery Life
Nov 29, 2016, 12:49 AM
Nov 28, 2016, 1:12 AM
News: Fidel Castro
Nov 27, 2016, 5:00 AM
Nov 26, 2016, 5:00 AM
Changes in Social status affect the way genes turn on and off within immune cells.
Nov 25, 2016, 5:12 AM
Austrian far–right hopeful Hofer may back EU vote.
Nov 24, 2016, 4:00 AM
Final Fantasy XV Leaked Before Nov 29 Launch Date
Nov 23, 2016, 1:00 AM
Nov 22, 2016, 2:26 AM
Nov 21, 2016, 1:00 AM
HTC Makes Big Moves in China
Nov 20, 2016, 2:00 AM
Do you know who is the number one company in the word?
Nov 19, 2016, 5:30 AM
Foldable Cardboard ”EcoHelmet” wins James Dyson Award’s Top Prize
Nov 18, 2016, 2:39 AM
Scientists Discover Roundest Object Ever Spotted in Universe
Nov 17, 2016, 1:00 AM
Smallest Device Lets You Print Almost from Anywhere
Nov 16, 2016, 9:32 AM
Cancer Screening in the Community Is there a link between Cancer and Poverty?
Nov 15, 2016, 8:00 AM
Points to Consider when Buying Your New PC – Window 10 PC Buying Guide
Nov 14, 2016, 5:00 AM
More Blog Posts
Copyright 2016 DailyTech LLC. -
Terms, Conditions & Privacy Information