O’Melveny Partners Robert Schwartz, Matthew Kline Offer These Comments About Supreme Court Ruling on Ban of Violent Video Games

July 27, 2011



Julie Fei
O'Melveny & Myers LLP
213.440.7792 (cell)

WHAT: Two O’Melveny & Myers LLP partners, Robert Schwartz, Chair of the Entertainment and Media Litigation Practice, and Matthew Kline, a member of the Business Trial and Litigation Practice, offer these comments on today’s United States Supreme Court ruling in Brown v. Entertainment Merchants Association (previously Schwarzenegger v. Entertainment Merchants Association) that overturned California’s ban on the sale of violent video games to children. Former Governor Arnold Schwarzenegger first signed the ban in 2005. The Supreme Court justices ruled 7-2 against the ban, citing free speech concerns.


WHY: Schwartz: "While those with a stake in the case -- but not the California statute -- are breathing a deserved sigh of relief, there was no way the United States Supreme Court was going to uphold that statute.  This Court, like those before it, has been and continues to be near absolutist in respecting the First Amendment, as written, when it comes to speech issues.”


Kline: "The Court's ruling was to be expected; the First Amendment extends to all sorts of new media -- first it was movies, and now it is video games -- and has not been used to restrain speech directed at children, in the way California did here.  The ruling is an important one, however, as video games are one of the fastest-growing segments of the entertainment business.  As with other media, the responsibility will lie with parents and other caregivers to control and help understand what their children watch and play."


Feel free to use these quotes in your coverage. If you would like to interview Schwartz or Kline, please contact Julie Fei at the numbers listed above.

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