Video game group seeks legal fees after Supreme Court win

The Entertainment Software Association filed a motion for reimbursement of $1.1 million in legal fees in the U.S. Supreme Court on Monday, arguing the state of California should pay after defending a law that they knew to be unconstitutional.

The Supreme Court struck down a 2005 law that banned the sale of video games deemed excessively violent by the state's attorney general to minors last month by a vote of 7-2, ruling that the obscenity exception to the First Amendment applies only to depictions of sexual conduct.

On Monday the group representing the video game publishers touted their victory and promised to work with legislators to enforce the voluntary Entertainment Software Rating Board (ESRB), which directs retailers to restrict minors from purchasing titles rated "M" for Mature.

“From the start of this misguided legislation, then-Gov. [Arnold] Schwarzenegger and specific California legislators knew that their efforts to censor and restrict expression were, as court after court ruled, unconstitutional and thus a waste of taxpayers’ money, government time, and state resources,” said Michael Gallagher, CEO of ESA. 

“We look forward to moving forward and working together to raise awareness about the valuable tools and information available to parents.”

According to the FSA, a recent study by the Federal Trade Commission found that retailers prevented about 87 percent of children from buying restricted, M-rated games.

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