Supreme Court Case Schwarzenegger v. EMA Update

If anyone remembers my article about the Schwarzenegger v. EMA case that is the single most important court case in gaming, then here's a little update via the Entertainment Consumers Association. An amicus brief was recently filed in favor of the Entertainments Merchant Association, or the EMA that highlights the main points of contention against the attempt to ban the sale of video games depicting any sort of violence to minors. For those of you who have no idea what the hell I'm talking about, an amicus brief is pretty much a document that a third party or coalition of third parties files in favor of one of the two sides. The amicus brief is supported by the following organizations:

Activision Blizzard, Inc
American Booksellers Foundation for Free Expression
American Civil Liberties Union, The National Coalition Against Censorship and The National Youth Rights Association
Attorneys General (Rhode Island, Arkansas, Georgia, Nebraska, North Dakota, Oklahoma, Puerto Rico, South Carolina, Utah and Washington) Brief
Cato Institute
Computer & Communications Industry Association, Consumer Electronics Association, Information Technology Industry Council, Techamerica, Center For Democracy & Technology and The Digital Liberty Project of Americans for Tax Reform
Comic Book Legal Defense Fund
Consumer Electronic Retailers Coalition, Retail Industry Leaders Association, and State Retailer Federations
Entertainment Consumers Association, Competitive Enterprise Institute, Consumer Action, Consumer Federation of America, Public Knowledge and Students for Free Culture
First Amendment Coalition
First Amendment Lawyers Association
First Amendment Scholars (Professors Cole, Karst, Post, Redish, Van Alstyne, Varat and Winkler)
The Future of Music Coalition, National Association of Media Arts and Culture, and Fractured Atlas
id Software, LLC
International Game Developers Association and Academy of Interactive Arts and Sciences
Marion B. Brechner First Amendment Project and Pennsylvania Center for the First Amendment
Microsoft Corporation
Motion Picture Association of America, Independent Film and Television Alliance, LucasFilm Ltd., National Association of Theater Owners, Directors Guild of America, Producers Guild of America, Screen Actors Guild, Writers Guild of America - West, and American Federation of Television and Radio Artists
National Association of Broadcasters
The National Cable & Telecommunications Association
The Progress & Freedom Foundation and the Electronic Frontiers Foundation
The Reporters Committee for Freedom of the Press, American Society of News Editors, First Amendment Project, National Press Photographers Association, Radio-Television Digital News Association, Society of Professional Journalists, and Student Press Law Center
The Rutherford Institute
Social Scientists, Medical Scientists, and Media Effects Scholars
The Thomas Jefferson Center for the Protection of Free Expression and the Media Institute
United States Chamber of Commerce
Vindicia, Inc.

Here's an excerpt from the amicus brief that sums up what it's all about. 

The Court should not depart from, or create any new exceptions to, its decades-old jurisprudence regulating speech directed to inciting or producing imminent lawless action. Rather, the Court should follow its precedent and err in favor of the First Amendment rights of minors and video game manufacturers. Video gaming, which is today largely based on a software purchase model, could readily shift to online gaming that is free to users because it is supported by advertising. The absence of a sales transaction could make the California law irrelevant, but a decision adverse to the First Amendment would have profound vestigial effects.

If you're interested in reading the rest of the amicus brief you can read it here. You should also sign the ECA petition, as the fact that the Supreme Court even chose to hear this ridiculous case is a sad and blatant violation of our First Amendment rights. The case itself is going to be starting in November, so be on the lookout for any future updates regarding the single most important court case in gaming history.