Video Game Bar Association Issues Statement on Supreme Court Ruling in Brown v EMA

LOS ANGELES– JUNE 27, 2011 – The Video Game Bar Association welcomes the decision of the United States Supreme Court in Brown v EMA.“The Court’s decision reaffirms that it is parents who can best decide what is appropriate content for their children,” said David S. Rosenbaum, president of the VGBA, adding that the decision“puts to rest the notion that video games are entitled to less First Amendment protection than books, newspapers, films and music and other entertainment speech.”

By reinforcing that statutes, such as the statute passed by the California legislature, must pass the“the strict scrutiny” test,“the Court lays bare the notion that the states are better equipped to evaluate content than the independent ratings board established by the industry to provide information to parents so that they can best determine what is appropriate content for their children,” said Patrick Sweeney, Executive Vice President of the VGBA. 

“We are gratified that the Court took note of the demonstrable success of the ESRB system and that the industry continues to get the highest marks of compliance by a media industry segment (over films-TV and music) in the annual FTC undercover shopper survey,” said George Rose, a member of the VGBA Board. Added Rosenbaum,“the Court took note that the California statute was passed in spite of numerous precedents from around the nation's federal courts, holding similarly drafted statutes (seeking to make violence obscene) unconstitutional. Hundreds of thousands of taxpayer dollars have been awarded in payment of legal fees in these cases, leading up to today’s decision. With the Court’s ruling today, we hope that we have seen the last of these regulatory exercises.”

ABOUT THE VIDEO GAME BAR ASSOCIATION

The Video Game Bar Association was formed in 2011 to promote the education and interaction of licensed attorneys to improve business conditions in the video game and interactive media industry. The VGBA provides a community for lawyers working in the industry to discuss issues of common interest to all lawyers around the world and is the first bar association to reflect the global reach of the video game industry, with members drawn from around the world. 

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Contact: 

David S Rosenbaum 

President 

Video Game Bar Association 

(818) 936-3455 or (818)388-0744 

drosenbaum@dsrlawoffice.com"> drosenbaum@dsrlawoffice.com

Patrick Sweeney

Executive Vice President

Video Game Bar Association

(310) 734-5228 or (310) 406-9164

psweeney@reedsmith.com"> psweeney@reedsmith.com


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