What is an Amicus Brief?

An amicus curiae, or “friend of the court,” brief is a document designed to bring relevant information to the attention of the Supreme Court of the United States, which will not be addressed by the parties involved in the case. The named parties in the case must spend their briefs addressing the issues of law related to the very specific questions set before the Court. Because of that, there are many related and important issues that the named parties are unable to discuss within their briefs. This is where the amicus brief fits in. It gives other stakeholders the chance to bring these issues to the attention of the Court, which otherwise would have to be ignored.

In Schwarzenegger v. EMA, the Entertainment Consumer Association is using the opportunity presented by its amicus curiae brief to inform the court that we as consumers are against having our First Amendment rights hindered. While other groups will be presenting amicus briefs that represent their member’s position on the California law, only the ECA’s brief is specifically for the voice of the consumer of video games – the medium at the heart of the case.

It is for this reason that it is so vitally important that the ECA step-up in our capacity to represent the voice of the gamer before the Supreme Court, and the amicus brief is our vehicle to that end. Further, the petition that will be sent with our brief will demonstrate in real numbers what you, the gamers, think about video games as protected speech under the First Amendment just like books, movies, and music. The ECA is dedicated to making sure our voice is heard before the highest court in the United States.