“Video games qualify for First Amendment protection. Like protected books, plays, and movies, they communicate ideas through familiar literary devices and features distinctive to the medium. And “the basic principles of freedom of speech . . . do not vary” with a new and different communication medium.”
— Brown v. EMA/ESA, No. 08-1448, slip opinion, U.S. Supreme Court, June 27, 2011
On June 27, 2011, the U.S. Supreme Court ruled in the case Brown v. EMA/ESA, striking down a 2005 California law that would have regulated the sale and rental of computer and video games. This law would have treated games differently from movies, books, and music. Numerous Federal Courts, and now the highest court in the land, have agreed that games are expressive works of art and are entitled to the same First Amendment protections as other forms of entertainment and art.
We invite you to learn more about the issues, the computer and video game rating system, what the science and research reports, why this law was rightly found unconstitutional, unnecessary and unwarranted by the Supreme Court.
NOTE: This case was originally filed as Schwarzenegger v. EMA/Entertainment Software Association.
Effective Ratings System
The computer and video game industry operates under an independent ratings system that empowers parents with the tools and information needed to make the right purchasing and rental decisions for their families. The ratings system is one of the reasons the California law has been declared unconstitutional. Read More »
Science & Statistics
Scientific research has found no causal link between computer and video games and real life violence. Violent crime among the young decreased dramatically since the 1990’s while video game popularity has soared. Read More »
The First Amendment
Never before have courts used expressions of violence as the basis for a restriction on our Constitutional rights to free speech. All previous courts agree that this type of law is an assault on our First Amendment freedoms. Read More »
What Could Be Next
It would be virtually impossible for the government to create a definition that would allow “acceptable” violence but would restrict “unacceptable” violence. A First Amendment exception for video games would have an impact on other art forms, including books, movies and music. Read More »
Featured Articles
The Supreme Court was right to strike down California’s video game law — Catherine J. Ross, The Washington Post
“[T]he court got it right Monday in Brown v. Entertainment Merchants Association. The justices rejected a radical challenge to free speech — in the process protecting all of us, not just children.”
Our view: Even violent video games are protected — USA Today
“But they [the Founding Fathers] knew all about the dangers of restricting speech, which is why the Supreme Court was right Monday in giving the makers of violent video games the same protections as the pamphleteers, printers and orators of the 18th century.”
It’s Perverse, but It’s Also Pretend — Cheryl K. Olson, The New York Times
“[T]he state’s case was built on assumptions — that violent games cause children psychological or neurological harm and make them more aggressive and likely to harm other people — that are not supported by evidence.”
Ruling on violent video games: Score one for 1st Amendment — The Los Angeles Times
“In striking down the law, the court bolstered anew the protections of the 1st Amendment.”
News Releases
- 6/27/2011 — ESA Welcomes Sweeping U.S. Supreme Court Ruling on Constitutional Protections for Video Games
- 11/2/2010 — Video Game Industry Defends First Amendment Before U.S. Supreme Court
- 10/28/2010 — Media Advisory: Entertainment Software Association to Discuss U.S. Supreme Court Oral Arguments
- 10/19/2010 — Video Game Voters Network Announces Day of Action Supporting First Amendment Protection for Video Games
- 9/20/2010 — 182 Elected Officials, Medical/Science Researchers, First Amendment Experts, and National Groups Ask U.S. Supreme Court to Uphold 9th Circuit Ruling
- 7/19/2010 — Entertainment Software Association Statement on Amicus Briefs Filed on Behalf of California to the U.S. Supreme Court
- 7/12/2010 — Statement on California filing in the U.S. Supreme Court Case to Review the State's Law Regulating Computer and Video Games
- 4/26/2010 — Entertainment Software Association Statement on U.S. Supreme Court Action to Review California Law Regulating the Sale of Computer and Video Games
Related News
- 6/27/2011 — Justices Shoot Fown Violent Video Game Ban — CBS News
- 6/27/2011 — Violent Videogames Can Be Sold to Minors: Supreme Court — CNBC
- 6/27/2011 — Cout: California Can't Ban Violent Video Game Sales — NPR
- 6/27/2011 — Supreme Court Strikes Down California’s Violent Video Game Ban — Forbes
- 6/27/2011 — High Court Strikes Down California Video Game Ban — Reuters
- 6/27/2011 — Cout: Calif. Can't Ban Violent Video Game Sales — Associated Press
- 6/27/2011 — Violent Video-Game Limits Struck Down by Supreme Court in California Case — Bloomberg
- 6/27/2011 — SCOTUS Rejects Violent Game Ban — Politico
- 6/27/2011 — Supreme Court Strikes Down California Video Game Law — National Journal
- 6/27/2011 — States May Not Ban Sale, Rental of Violent Videogames to Minors — Wired.com
- 6/27/2011 — Court Strikes Down California Video Games Law — San Francisco Chronicle (CA)
- 6/27/2011 — U.S. Supreme Court: California Ban on Violent Video Games Violates First Amendment — San Jose Mercury News (CA)
- 6/27/2011 — Supreme Court: Violent Video Games are Protected Speech — Houston Chronicle (TX)
- 6/27/2011 — Supreme Court: Books as ‘interactive’ as video games — The Washington Post
- 6/27/2011 — Supreme Court Strikes Down Ban On Video Game Violence — Forbes
- 6/24/2011 — The Ninny State — The New York Times
- 6/20/2011 — Supreme Court Considers Ban on Violent Video Games — The Wall Street Journal
Games & Violence
Essential Facts About Games and Violence
Facts, common sense and numerous studies all refute the claim that there is a link between computer and video games and violence.
A Word From ESA’s President and CEO
Video Games Don’t Cause Children to Be Violent
The claim that video games cause violent behavior is undermined by scientific research and common sense.
Legal Issues
Brown v. EMA/ESA Amici's Supreme Court Filings
Summary of Amici's Supreme Court Filings
Brown v. EMA/ESA Supreme Court Filing
Summary of ESA's Supreme Court Filing
Brown v. EMA/ESA Lower Court Filings and Rulings
Essential Facts About Video Games and Court Rulings
Courts have consistently ruled that computer and video games are protected speech.
Copyright © 2013 — ESA Entertainment Software Association |
 |