No. 08-1448
In the Supreme Court of theUnited States
A
RNOLD
S
CHWARZENEGGER
, in his officialcapacity as Governor of the State of California, and
E
DMUND
G.
B
ROWN
,
J
R
.,
in his official capacity as AttorneyGeneral of the State of California,
Petitioners
,
v.
E
NTERTAINMENT
M
ERCHANTS
A
SSOCIATION
andE
NTERTAINMENT
S
OFTWARE
A
SSOCIATION
,
Respondents.
On Writ Of Certiorari To TheUnited States Court Of AppealsFor The Ninth CircuitBRIEF OF THE PROGRESS & FREEDOMFOUNDATION AND THE ELECTRONICFRONTIER FOUNDATION AS
AMICI CURIAE
IN SUPPORT OF RESPONDENTS
A
DAM
D.
T
HIERER
B
ERIN
S
ZOKA
The Progress & FreedomFoundation1444 Eye Street NW Suite 500 Washington, DC 20005
L
EE
T
IEN
C
INDY
C
OHN
*
*Counsel of RecordElectronic FrontierFoundation454 Shotwell StreetSan Francisco, CA94110 Counsel for Amici Curiae
i
CORPORATE DISCLOSURE STATEMENT
Amicus curiae
The Progress & Freedom Founda-tion, through the undersigned counsel, hereby statesthat it does not have a parent corporation and thatno publicly held company owns 10% or more of itsstock.
Amicus curiae
Electronic Frontier Foundation,through the undersigned counsel, hereby states thatit does not have a parent corporation and that nopublicly held company owns 10% or more of its stock.
ii
TABLE OF CONTENTSPage
INTRODUCTION AND SUMMARY OF ARGUMENT ............................................................... 2
Parental Control Tools, Household MediaControl Methods, Self-Regulation andEnforcement of Existing Laws ConstituteLess Restrictive Means of Limiting Accessto Objectionable Content than GovernmentRegulation of Constitutionally ProtectedSpeech ..................................................................... 4
Rating and Labeling System is HighlyDescriptive, Widely Recognized, andExtensively Utilized ......................................... 5
Third-Party Pressure, Ratings and Advice Supplement Parental ControlTechnologies and the Official IndustryRating System................................................. 11
Self-Regulation and Deceptive Advertising Laws Already EffectivelyPrevent Circumvention of the Videogame Ratings System ............................ 12
Parental Control TechnologiesEmpower Parents to Manage Videogame Consumption ................................ 13
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EFF - PFF Supreme Court Amicus Brief in SCHWARZENEGGER v EMA Video Game Case
Amicus brief filing of the Electronic Frontier Foundation and the Progress & Freedom Foundation in the Supreme Court case, Schwarzenegger vs. EMA, which deals with video game regulation and First Amendment rights.
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