The U.S. Supreme Court confirms video games are protected speech.

Following accusations that playing video games might lead to real world violence, the Entertainment Software Association led legal efforts to protect free speech in games. In Brown v. Entertainment Merchants Association & Entertainment Software Association, the U.S. Supreme Court confirmed that video games are to be afforded the same type of First Amendment protection as any other type of artistic expression. The Court emphasized:

Like the protected books, plays, and movies that preceded them, video games communicate ideas—and even social messages—through many familiar literary devices (such as characters, dialogue, plot, and music) and through features distinctive to the medium (such as the player’s interaction with the virtual world). That suffices to confer First Amendment protection.

The video game industry empowers parents with tools to protect children.

The video game industry recognizes the importance of providing information and tools for all audiences to make educated, age-appropriate purchasing decisions regarding video games. 

For 30 years, the industry has worked through the Entertainment Software Rating Board (ESRB) to ensure that consumers—especially parents and caregivers—have the resources, including voluntary ratings and content descriptors, needed to make informed decisions about video games. The effectiveness of these efforts has been praised by the U.S. Supreme Court and U.S. Federal Trade Commission (FTC).

According to a 2013 study, the Federal Trade Commission (FTC) found that ESRB has the highest in-store ratings enforcement among all entertainment industries (including film, home video and music).

The ESRB provides a centralized place for parents to obtain step-by-step parental control guides for all the game consoles, Windows computers and other platforms at ParentalTools.org.

Key Issues

AI photo of video games

Artificial Intelligence

The video game industry has been using artificial intelligence for decades to help create games and improve the player experience. New AI tools have the potential to drive further innovation.

family playing video game

Digital Wellness

Billions of people globally, of all ages and backgrounds, play video games in a healthy, balanced way.

multiple people playing games in one room

Esports

Competitive video gaming creates jobs, spurs economic growth and encourages tourism.

Representation of in-game purchases

In-Game Purchases

In-game purchases make additional content and ongoing online services possible, offering consumers the option to pay for what they want and skip what they don’t.

woman playing game on computer

Inclusion & Belonging

When players see characters and stories that reflect our diverse society, we can expand their understanding, challenge stereotypes, and foster empathy.

woman using virtual reality headset

Intellectual Property

Strong intellectual property laws promote creativity, promote innovation and protect the investments that make video games possible.

close up of hands on game controller playing game in distance

Player Safety

The industry is an innovator in online safety, investing in the development and continual evolution of safety features, putting the player community first.

kids playing games together

Privacy

The video game industry provides consumers with transparency, choice and control when it comes to managing personal information.

person throwing controller in air with one hand

Right to Repair

Right to repair mandates present unique security and piracy risks to the video game ecosystem.

video game controllers

Subscription Services

Subscription-based models save consumers money, provide predictability and allow customized experiences.

Barge showing import and trade

Trade

Fair and open access to international markets fuels the industry’s potential for growth.

coworkers discussing plans for video games

Workforce

Video game companies work diligently to attract and employ the best talent available to continue growing the industry and contributing to the U.S. economy.