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U.S. Court Suspends Enforcement of Video Game Law
An injunction was granted on November 9, 2005, suspending the application of recently enacted legislation in the State of Michigan. The legislation bars the sale or rental to minors of “ultra-violent explicit video game[s] that [are] harmful to minors”. Industry associations for the manufacturers and distributors of these products filed a suit in September of this year, alleging that the law was both unconstitutionally vague and a limitation on citizens’ First Amendment right to free speech. The law was passed after public outcry at the discovery of hidden sex scenes in the popular game, “Grand Theft Auto: San Andreas.”
The order of Justice Steeh of the U.S. District Court for the Eastern District of Michigan stated that the legislator was unlikely to win its case, and that even the short term loss of First Amendment freedoms “unquestionably constitutes irreparable injury.” Further, he found that the State was unable to demonstrate the perceived harm against which the legislation was meant to protect, while “obvious harm” could result from stifling free speech.
There is some precedent in the United States that such laws are unconstitutional; Federal courts struck similar local legislation in Washington State, Indianapolis Indiana and St. Louis County, Missouri.
For a copy of the court order, visit:
http://www.svmedialaw.com/esa v granholm 11-09-05.pdf
For more information, visit: