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 ( in ANA's Washington, D.C. office at 202.296.2359.