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Marketing Community Wins Second Major Victory in U.S. Supreme Court

The marketing community has won a second important victory in the U.S. Supreme Court within a week.  Today, in the case of Brown v. Entertainment Merchants Association, No.08-1448, the Court struck down a California law that restricted the sale or rental of violent video games to minors, holding that the law violates the First Amendment.  ANA and a broad coalition of media and entertainment groups had filed a “friend of the court” brief with the Court last year urging the Court to strike down the California law. 

Joining ANA in the brief were: the American Booksellers Foundation for Free Expression, the Association of American Publishers, the Freedom to Read Foundation, the National Association of Recording Merchandisers, the Recording Industry Association of America, the Amusement & Music Operators Association, PEN Center USA and the Recording Academy.

Writing for the majority in the case, Justice Antonin Scalia stated: “No doubt a State possesses legitimate power to protect children from harm, (citations omitted) but that does not include a free-floating power to restrict the ideas to which children may be exposed. . . Even where the protection of children is the object, the constitutional limits on governmental action apply.”

If you have any questions, you can reach Dan Jaffe (djaffe@ana.net) or Keith Scarborough (kscarborough@ana.net) in ANA's Washington office at 202-296-2359.

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ANA's Washington, DC office works to protect the ability of all marketers to communicate effectively with consumers.   The scope of legislation, regulations, and court cases impacting the marketing community continues to be extremely broad, extending to issues as diverse as online privacy, prescription drug advertising, restrictions on the tax deductibility of advertising costs and the regulatory powers of the Federal Trade Commission.

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ANA's Washington, DC office plays a leading role in protecting the ability of all marketers to communicate effectively with consumers. At the end of each year, we prepare a Compendium which describes our efforts on the broad range of issues we have faced. 

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The ANA Alliance for Family Entertainment is a group of major national advertisers, supported by the Association of National Advertisers dedicated to finding, nurturing, developing and supporting family friendly programming.

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ANA and the American Association of Advertising Agencies (4A’s) conduct broadcast talent negotiations with the Screen Actors Guild (SAG) and the American Federation of Television and Radio Artists (AFTRA) through the Joint Policy Committee, or JPC.

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