In particular, Gallagher may face off with New York Gov. Eliot Spitzer, who has proposed a
state "Safe Games Act" as part of a broader child-safety agenda. The legislation would attempt to create a "mechanism" to stop the sale of mature games to children.
The ESA has a long track record of battling such legislation on First Amendment grounds, with state courts ruling nine times in the past six years that videogames are protected speech.
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