The ESA leads in confronting legislation that would be harmful to the video game industry, particularly related to video game rating controversies under the ESRB, and encouraging legislation that would be beneficial to the industry. Of note, the ESA was one plaintiff in "Brown v. Entertainment Merchants Ass'n", a Supreme Court case that judged that video games were protected works under the First Amendment in 2012, and was instrumental in getting entertainment software included in the Information Technology Agreement of 1996.