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	<title>PlayStation.Blog &#187; Rich Taylor</title>
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		<title>A Victory for the First Amendment and Gamers</title>
		<link>http://blog.us.playstation.com/2011/06/28/a-victory-for-the-first-amendment-and-gamers/</link>
		<comments>http://blog.us.playstation.com/2011/06/28/a-victory-for-the-first-amendment-and-gamers/#comments</comments>
		<pubDate>Tue, 28 Jun 2011 16:34:50 +0000</pubDate>
		<dc:creator>Rich Taylor</dc:creator>
				<category><![CDATA[Uncategorized]]></category>
		<post_tag><![CDATA[playstation games]]></post_tag>
		<post_tag><![CDATA[video game voters network]]></post_tag>

		<guid isPermaLink="false">http://blog.us.playstation.com/?p=53945</guid>
		<description><![CDATA[<em>“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.” – Justice Antonin Scalia, writing for the majority in Brown v. Entertainment Merchants Association/Entertainment Software Association, June 27, 2011</em>

The First Amendment is alive and well in America, thanks to a landmark U.S. Supreme Court ruling issued this week. The Court decisively struck down a 2005 California law attempting to restrict the sale and rental of computer and video games. This means creative expression will continue to flourish free of censorship and that consumers will retain the right to choose their own entertainment, despite California’s best attempts to surrender those rights to government.  ]]></description>
				<content:encoded><![CDATA[<p><em>“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.” – Justice Antonin Scalia, writing for the majority in Brown v. Entertainment Merchants Association/Entertainment Software Association, June 27, 2011</em></p>
<p>The First Amendment is alive and well in America, thanks to a landmark U.S. Supreme Court ruling issued this week. The Court decisively struck down a 2005 California law attempting to restrict the sale and rental of computer and video games. This means creative expression will continue to flourish free of censorship and that consumers will retain the right to choose their own entertainment, despite California’s best attempts to surrender those rights to government.  </p>
<p>The Court found California’s attempts to limit the rights of gamers to be unnecessary and unconstitutional. The majority of Justices found the state’s evidence of a link between video games and real-life violence “not compelling” and recognized the video game industry’s voluntary Entertainment Software Rating Board (ESRB) rating system as an effective tool for parents to control the games their children play.</p>
<p>Many legislators around the country are already working with the Entertainment Software Association to promote awareness and use of the highly effective tools already available to parents for monitoring game play, including the ESRB rating system and parental controls available on game consoles. They understand that parents want and deserve the opportunity to make decisions about what games are suitable for their family on their own, without government intrusion.</p>
<p class="center"><a href="http://www.flickr.com/photos/playstationblog/5008931296/" title="Video_Game_Voters_Network by PlayStation.Blog, on Flickr"><img src="http://farm5.static.flickr.com/4153/5008931296_27c8809718.jpg" width="441" height="79" alt="Video_Game_Voters_Network"></a></p>
<p>With this historic decision, we hope many more will join with us in this effort.  While we are hopeful that elected officials will finally stop wasting time and money to restrict the rights of gamers and our industry’s artists, we need your help to keep this positive momentum going. We need you to join the <a href="http://videogamevoters.org/">Video Game Voters Network</a> and help us tell the rest of the country what we have always known, and what the Supreme Court today affirmed – that video games are forms of creative expression and fully protected by our Constitution.</p>
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		<slash:comments>96</slash:comments>
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<rating>4.88</rating><author_title>Entertainment Software Association</author_title>
<comment_count>96</comment_count>
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		<title>Follow PlayStation’s Lead and Help Protect Video Games</title>
		<link>http://blog.us.playstation.com/2010/11/02/follow-playstations-lead-and-help-protect-video-games/</link>
		<comments>http://blog.us.playstation.com/2010/11/02/follow-playstations-lead-and-help-protect-video-games/#comments</comments>
		<pubDate>Tue, 02 Nov 2010 14:00:13 +0000</pubDate>
		<dc:creator>Rich Taylor</dc:creator>
				<post_tag><![CDATA[entertainment software association]]></post_tag>
		<post_tag><![CDATA[gamers petition]]></post_tag>
		<post_tag><![CDATA[video game voters network]]></post_tag>

		<guid isPermaLink="false">http://blog.us.playstation.com/?p=39267</guid>
		<description><![CDATA[Today, the U.S. Supreme Court hears arguments in the case of Schwarzenegger v. EMA/ Entertainment Software Association. They’ll decide whether a California law, which would restrict the sale of “violent” computer and video games, is constitutional. What does this mean to you, PlayStation fans? This case could have huge implications for the industry. No one [...]]]></description>
				<content:encoded><![CDATA[<p>Today, the U.S. Supreme Court hears arguments in the case of <a href="http://www.mediacoalition.org/VSDA-v.-Schwarzenegger-">Schwarzenegger v. EMA</a>/ Entertainment Software Association. They’ll decide whether a California law, which would restrict the sale of “violent” computer and video games, is constitutional.</p>
<p>What does this mean to you, PlayStation fans?</p>
<p>This case could have huge implications for the industry. No one is sure what counts as a “violent” game, so the California law would suppress game developers’ imagination and right to self-expression. It would also prohibit retailers from selling the games that might be perfectly legal, “just in case.” It could mean an environment where “<a href="http://www.godofwar.com/Index/">God of War</a>” is banned from retail shelves, but the sometimes violent written works detailing Greek myths are still available on bookstores shelves and taught in classrooms.</p>
<p>It&#8217;s a slippery slope, and the California law is similar to what Congress tried to do to comic books over fifty years ago. In a letter of support for video games, comic book legend <a href="http://en.wikipedia.org/wiki/Stan_Lee">Stan Lee</a> explained:</p>
<blockquote><p>“A Senate subcommittee investigated and decided the U.S. could not &#8220;afford the calculated risk involved in feeding its children, through comic books, a concentrated diet of crime, horror and violence.&#8221; Comic books were burned&#8230; Looking back, the outcry was &#8212; forgive the expression &#8212; comical. Substitute video games for comic books and you&#8217;ve got a 21st century replay of the craziness of the 1950s.”</p></blockquote>
<p>If the Supreme Court sides against the video game industry, developers could experience a creative chilling effect, because the government could essentially tell determine what games could and could not be created. It would also open up states to pass a patchwork of legislation around the country, requiring publishers to release many different versions of each game they publish. And, these same restrictions could eventually be applied to other creative mediums like movies, books and music. The result would be a huge foot on the brake for innovation in one of our nation’s most dynamic economic sectors.<br />
<span id="more-39267"></span><br />
But there are common-sense reasons to oppose this law as well, most importantly this: The decision over whether to buy a video game or a book or a movie should be made by responsible parents, not the government.</p>
<p>Fortunately, the courts have historically aligned themselves on the side of video games. The Ninth Circuit Court of Appeals already ruled that the California law is unconstitutional, and every other state and federal court case has ruled in favor of video games as protected speech.</p>
<p class="center"><a href="http://www.flickr.com/photos/playstationblog/5008931296/" title="Video_Game_Voters_Network by PlayStation.Blog, on Flickr"><img src="http://farm5.static.flickr.com/4153/5008931296_27c8809718.jpg" width="441" height="79" alt="Video_Game_Voters_Network" /></a></p>
<p>But what can you do while we wait for the Supreme Court&#8217;s ruling?</p>
<p>The most important thing you can do is join the <a href="http://videogamevoters.org/pages/stand_with_video_game_voters?source=20101027ESAPartner&#038;utm_source=VGVN&#038;utm_medium=Blog&#038;utm_campaign=20101102Sony">Video Game Voters Network</a>.</p>
<p>The Video Game Voters Network is a place for voting age gamers to organize and defend against threats to video games. Video games are fully protected speech under the Constitution, and receive the same First Amendment protection as books, movies, music and cable television programs. The VGVN opposes efforts to regulate the content of entertainment media, including proposals to criminalize the sale of certain games to minors, or regulate video games differently from movies, music, books, and other media.</p>
<p>Join the <a href="http://videogamevoters.org/pages/stand_with_video_game_voters?source=20101027ESAPartner&#038;utm_source=VGVN&#038;utm_medium=Blog&#038;utm_campaign=20101102Sony">VGVN</a> today, tell your friends to do the same, and stay current on your gaming rights.</p>
]]></content:encoded>
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		<slash:comments>86</slash:comments>
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<rating>4.63</rating><author_title>Entertainment Software Association</author_title>
<comment_count>86</comment_count>
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		<title>Gamers Unite Today: Join the VGVN</title>
		<link>http://blog.us.playstation.com/2010/09/20/gamers-unite-today-join-the-vgvn/</link>
		<comments>http://blog.us.playstation.com/2010/09/20/gamers-unite-today-join-the-vgvn/#comments</comments>
		<pubDate>Mon, 20 Sep 2010 17:01:32 +0000</pubDate>
		<dc:creator>Rich Taylor</dc:creator>
				<post_tag><![CDATA[entertainment software association]]></post_tag>
		<post_tag><![CDATA[gamers petition]]></post_tag>

		<guid isPermaLink="false">http://blog.us.playstation.com/?p=36665</guid>
		<description><![CDATA[No doubt, most gamers are aware that this fall the United States Supreme Court will be taking up the legal challenge to California’s law that would limit the sale of computer and video games and chill the creative freedoms of our industry’s artists. The issue at hand is whether a state can limit access to [...]]]></description>
				<content:encoded><![CDATA[<p>No doubt, most gamers are aware that this fall the United States Supreme Court will be taking up the legal challenge to California’s law that would limit the sale of computer and video games and chill the creative freedoms of our industry’s artists.</p>
<p class="center"><a href="http://www.flickr.com/photos/playstationblog/5008931296/" title="Video_Game_Voters_Network by PlayStation.Blog, on Flickr"><img src="http://farm5.static.flickr.com/4153/5008931296_27c8809718.jpg" width="441" height="79" alt="Video_Game_Voters_Network" /></a></p>
<p>The issue at hand is whether a state can limit access to video game based on their content. If the California succeeds at the Supreme Court, then states across America could begin limiting access to video games and stores could stop selling games because they won’t know what titles fall under a particular state’s laws and which don’t. How does that affect you? Imagine walking into your local game retailer and finding out they don’t sell games you want because they’re worried about government intervention. This isn’t hyperbole; it’s a very real scenario that could happen if California succeeds.</p>
<p>This month, the industry achieved a milestone in fighting for video games. The ESA filed with the U.S. Supreme Court a legal brief that strongly defends the rights of gamers, video games, and the artists who work so hard to create those games.</p>
<p>Others recognize the seriousness of this situation and have stepped up to defend video games, the First Amendment and promote education about parental controls and the video game industry’s rating system. No less than renowned comic book creator, Stan Lee, who brought to life such iconic figures as Spider-Man, the X-Men, and the Hulk, has encouraged gamers to organize and take action. <a href="http://www.videogamevoters.org/StanLee">Stan highlighted the video game industry’s great work</a> in helping parents by providing a leading rating system and parental controls—which, when taken together, help ensure that the games kids enjoy are parent-approved. His open letter encouraged everyone to join the Video Game Voters Network, which is the grassroots coalition of voting-aged gamers who want to be kept updated on legislative threats to computer and video games.</p>
<p>Following Stan’s lead, I’m writing today to encourage you to join the VGVN. Politicians will listen when their constituents weigh in on issues and we need gather an army to fight for games. Please consider joining the VGVN to aid in the defense of video games. And, tell three of your friends to do the same! Joining is free and easy to do. Go to <a href="http://www.vgvn.org">www.vgvn.org</a> and sign up!</p>
<p>We’ll keep doing our part in the Supreme Court, but we need you to do your part, too.</p>
<p>Thanks for joining! </p>
]]></content:encoded>
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		<slash:comments>71</slash:comments>
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<rating>4.46</rating><author_title>Entertainment Software Association</author_title>
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