September 17, 2010
LOS ANGELES — A broad entertainment industry coalition today urged the U.S. Supreme Court to uphold a 9th Circuit Court of Appeals ruling that found unconstitutional the 2005 California law restricting the sale and rental to minors of computer and video games deemed to be overly violent.
The American Federation of Television and Radio Artists (AFTRA), Directors Guild of America, Inc. (DGA), Producers Guild of America (PGA), Screen Actors Guild (SAG), Writers Guild of America West, Inc. (WGAW), Independent Film and Television Alliance (IFTA), National Association of Theatre Owners (NATO) and Motion Picture Association of America, Inc. (MPAA) joined together to file an amicus brief in the case Schwarzenegger v. Entertainment Merchants Association, which is scheduled for oral arguments on November 2.
“The history of the motion picture industry serves as a vivid illustration of the threat to First Amendment rights from the impulse to control and censor new forms of media—a threat reflected in the statute at issue before the Court. From the advent of motion pictures, a variety of state and local governments sought to restrict their content for the asserted purpose of protecting moviegoers from being exposed to harmful material,” the organizations explained in their brief.
“While parents have an undoubted interest in making informed judgments concerning the suitability of exposing their children to potentially objectionable content, [California has] failed to show that the government’s assistance is necessary to serve that interest,” the organizations’ brief continues. “And the fundamental lesson of the motion picture industry is that self-regulation can sufficiently enable parents to exercise their right to make informed judgments concerning movie content. The movie rating system has widely been praised for its effectiveness, and society’s long experience with the movie rating system demonstrates that a properly designed voluntary rating system can serve the relevant parental interest without the need for content-based government regulation.”
The entertainment industry coalition concluded that if the Supreme Court were to uphold California’s statute, it would have a “dramatic chilling effect on the motion picture industry.” Therefore, the coalition urged the Court to rule that “under settled First Amendment principles, California’s statute is invalid, and the judgment of the court of appeals should be affirmed.”
An electronic copy of the amicus brief filed with the U.S. Supreme Court is available at: www.mpaa.org/Resources/89c2d42d-229c-4214-adb9-d3b312c36c35.pdf.
About AFTRA
The American Federation of Television and Radio Artists, AFL-CIO, are the people who entertain and inform America. In 32 Locals across the country, AFTRA members work as actors, journalists, singers, dancers, announcers, hosts, comedians, disc jockeys, and other performers across the media industries including television, radio, cable, sound recordings, music videos, commercials, audiobooks, non-broadcast industrials, interactive games, the Internet and other digital media. The 70,000 professional performers, broadcasters, and recording artists of AFTRA are working together to protect and improve their jobs, lives, and communities in the 21st century. From new art forms to new technology, AFTRA members embrace change in their work and craft to enhance American culture and society. Visit AFTRA online at www.aftra.com.
About DGA
The Directors Guild of America was founded in 1936 to protect the economic and creative rights of directors. Over the years its membership has expanded to include the directorial team - Unit Production Managers, Assistant Directors, Associate Directors, Stage Managers and Production Associates. Today, through the collective voice of more than 14,000 members, the Guild seeks to protect the rights of directorial teams, to contend for their creative freedom and strengthen their ability to develop meaningful and lifelong careers in film, tape and digital media.
About PGA
The Producers Guild of America is the non-profit trade group that represents, protects and promotes the interests of all members of the producing team in film, television and new media. The PGA has over 4,500 members who work together to protect and improve their careers, the industry and community by providing members with health benefits, employment opportunities, the creation of fair and impartial standards for the awarding of producing credits, as well as other education and advocacy efforts such as promoting sustainable production practices. Visit www.producersguild.org and www.pgagreen.org for more information.
About SAG
Screen Actors Guild is the nation’s largest labor union representing working actors. Established in 1933, SAG has a rich history in the American labor movement, from standing up to studios to break long-term engagement contracts in the 1940s to fighting for artists’ rights amid the digital revolution sweeping the entertainment industry in the 21st century. With 20 branches nationwide, SAG represents over 125,000 actors who work in film and digital motion pictures and television programs, commercials, video games, industrials, Internet and all new media formats. The Guild exists to enhance actors’ working conditions, compensation and benefits and to be a powerful, unified voice on behalf of artists’ rights. SAG is a proud affiliate of the AFL-CIO. Headquartered in Los Angeles, you can visit SAG online at www.SAG.org.
About WGAw
The Writers Guild of America, West (WGAw) is a labor union representing writers of motion pictures, television, radio, and Internet programming, including news and documentaries. Founded in 1933, the Guild negotiates and administers contracts that protect the creative and economic rights of its members. It is involved in a wide range of programs that advance the interests of writers, and is active in public policy and legislative matters on the local, national, and international levels. For more information on the WGAw, please visit: www.wga.org.
About IFTA
The Independent Film & Television Alliance (IFTA) is the global trade association of the independent motion picture and television programming industry. Headquartered in Los Angeles, the organization represents and provides significant entertainment industry services to more than 150 member companies from 23 countries, consisting of independent production and distribution companies, sales agents, television companies, studio-affiliated companies, and financial institutions engaged in content finance. Collectively, the Independent Film & Television Alliance’s members produce more than 400 independent films and countless hours of television programming each year and generate more than $4 billion in distribution revenues annually. The organization’s premiere event, the American Film Market takes place every year in November in Santa Monica. For more information on IFTA and the American Film Market, please visit www.ifta-online.org.
The National Association of Theatre Owners is the largest exhibition trade organization in the world, representing more than 30,000 movie screens in all 50 states, and additional cinemas in 50 countries worldwide. Our membership includes the largest cinema chains in the world and hundreds of independent theatre owners. NATO is headquartered in Washington, D.C., with a second office in North Hollywood, California.
About MPAA
The Motion Picture Association of America, Inc. (MPAA) serves as the voice and advocate of the American motion picture, home video and television industries from its offices in Los Angeles and Washington, D.C. Its members include: Walt Disney Studios Motion Pictures; Paramount Pictures Corporation; Sony Pictures Entertainment Inc.; Twentieth Century Fox Film Corporation; Universal City Studios LLLP; and Warner Bros. Entertainment Inc.