Unnecessary, Unwarranted, Unconstitutional

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The Entertainment Software Association submitted its written arguments to the Supreme Court today calling the California game law under review "unnecessary, unwarranted, and unconstitutional.”

ESA's filing comes two months after California Attorney General Jerry Brown submitted his state's case for preserving the California statute that would prohibit minors from buying “violent” video games.

General counsel of the ESA Kenneth Doroshow argues that the law fails to serve a compelling state interest, which is why similar censorship measures have been found unconstitutional by more than a dozen lower courts.

Moreover, the industry's ESRB rating system, considered the "gold standard" of entertainment ratings by the FTC, already enables consumers to make informed and appropriate purchase decisions.

The ESA's brief also warns of a creative chilling effect should the California statute be upheld. If the Supreme Court allows California to censor violent content, there is "no stopping point because so many expressive works contain depictions of violence that could be deemed offensive to minors". Content in movies, books, television and music would all be fair game for censorship.

Tell us what you think of the upcoming Supreme Court case in the comments below or on Twitter, @VideoGameVoters. Also, check out the Supreme Court Action Center for more information and for more ways to get involved.

Categories: SCOTUS

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