Brown v. Entertainment Merchants Association

Holding: California's ban on the sale or rental of violent video games to minors is unconstitutional.

Judgment: Affirmed, 7-2, in an opinion by Justice Antonin Scalia on June 27, 2011. Justice Alito filed an opinion concurring in the judgment, which was joined by the Chief Justice. Justices Thomas and Breyer filed dissenting opinions.

SCOTUSblog Coverage

• The Roberts Court and the First Amendment (Ronald Collins)
• The last week of the Term: In Plain English (Lisa McElroy)
• Analysis: Of old values and modernity (Lyle Denniston)
• Last week's arguments in Plain English (Lisa McElroy)
• Argument recap: "Common sense" and violence (UPDATED) (Lyle Denniston)
• Argument day podcasts: Schwarzenegger v. Entertainment Merchants Association (Adam Schlossman)
• Argument preview: Kids and video games (Lyle Denniston)
• Court to rule on violent video games (Lyle Denniston)

Briefs and Documents

Merits Briefs

• Brief for Petitioners Arnold Schwarzenegger, Governor of the State of California and Edmund G. Brown, Jr., Attorney General of the State of California
• Brief for Respondents Entertainment Merchants Association and Entertainment Software Association
• Reply Brief for Petitioners Arnold Schwarzenegger, Governor of the State of California and Edmund G. Brown, Jr., Attorney General of the State of California

Amicus Briefs

• Brief for the Eagle Forum Education and Legal Defense Fund in Support of Petitioners
• Brief for Louisiana, Connecticut, Florida, Hawaii, Illinois, Maryland, Michigan, Minnesota, Mississippi, Texas, and Virginia in Support of Petitioners
• Brief for the California State Senator, Leland Y. Yee, PhD., the California Chapter of the American Academy of Pediatrics, and the California Psychological Association in Support of Petitioners
• Brief for Common Sense Media in Support of Petitioners
• Brief for the Marion B. Brechner First Amendment Project and the Pennsylvania Center for the First Amendment in Support of Respondents Seeking Affirmance
• Brief for the Motion Picture Association of America, et al. in Support of Respondents
• Brief for the American Booksellers Foundation for Free Expression et al. in Support of Respondents
• Brief for the International Game Developers Association et al. in Support of Respondents
• Brief for the Marion B. Brechner First Amendment Project et al. in Support of Respondents
• Brief for the Reporters Committee for Freedom of the Press et al. in Support of Respondents
• Brief for the Computer & Communications Industry Association et al. in Support of Respondents
• Brief for the Comic Book Legal Defense Fund in Support of Respondents
• Brief for the Thomas Jefferson Center for the Protection of Free Expression et al. in Support of Respondents
• Brief for the National Cable and Telecommunications Association in Support of Respondents
• Brief for ID Software LLC in Support of Respondents
• Brief for Social Scientists, Medical Scientists, and Media Effects Scholars in Support of Respondents
• Brief for the Future of Music Coalition, et al. in Support of Respondents
• Brief for the First Amendment Coalition in Support of Respondents
• Brief for the CATO Institute in Support of Respondents
• Brief for the American Civil Liberties Union, the National Coalition Against Censorship, and the National Youth Rights Association in Support of Respondents
• Brief for the Rutherford Institute in Support of Respondents
• Brief for the First Amendment Lawyers Association in Support of Respondents
• Brief for Vindicia, Inc., in Support of Respondents
• Brief for Activision Blizzard, Inc., in Support of Respondents
• Brief for Activision Blizzard, Inc., in Support of Respondents
• Brief for Rhode Island, Arkansas, Georgia, Nebraska, North Dakota, Oklahoma, Puerto Rico, South Carolina, Utah, and Washington in Support of Respondents
• Brief for the Progress and Freedom Foundation and the Electronic Frontier Foundation in Support of Respondents
• Brief for First Amendment Scholars (Professors Cole, Karst, Post, Redish, Van Alstyne, Varat and Winkler) in Support of Respondents
• Brief for the Microsoft Corporation in Support of Respondents
• Brief for the Entertainment Consumers Association, Competitive Enterprise Institute, Consumer Action, the Consumer Federation of America, Public Knowledge, and Students for Free Culture in Support of Respondents
• Brief for the United States Chamber of Commerce in Support of Respondents
• Brief for the National Association of Broadcasters in Support of Respondents

Certiorari-Stage Documents

• Petition for certiorari (unavailable)
• Brief in opposition (unavailable)