The NCAA has filed a Motion to Intervene relating to the First Amendment claims addressed in Electronic Arts v. Keller.  Being that Electronic Arts and the Keller plaintiffs have settled their claims, the NCAA is seeking the opportunity to be heard by the United States Supreme Court to determine whether First Amendment protection applies to video games. Accordingly, the NCAA has sought to intervene to “ensure that i[the NCAA’s] membership is properly protected given the purported settlement between the plaintiffs and Electronic Arts.”  Former U.S. Solicitor General Seth P. Waxman has been hired to represent the NCAA.

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