Court blocks Illinois video game laws

By Reuters

Published: December 5, 2005, 2:27 PM PST

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A federal judge in Illinois has blocked a pair of laws that would have made it illegal to sell or rent violent or sexually explicit video games to minors, finding that the laws violate free-speech rights.

The ruling comes amid an increasingly bitter battle over the content in video games, which in the United States comprise a $10 billion industry that rivals the box office of Hollywood movies.

The decision applied to two Illinois laws that had been slated to go into effect on Jan. 1. The laws would have imposed fines on retailers for violations.

U.S. District Judge Matthew Kennelly on Friday issued a permanent injunction blocking the restrictions, saying they would have a "chilling effect" on the creation and distribution of video games.

The judge sided with the Entertainment Software Association, the Video Software Dealers Association and the Illinois Retail Merchants Association, industry groups that had challenged the laws on constitutional grounds.

The judge said there was no evidence presented to support the view that playing violent video games has a lasting effect on aggressive thoughts and behavior. He also said the definition of "sexually explicit" was vague.

"The public itself has an interest in ensuring that the plaintiffs' First Amendment rights are protected to ensure the availability of various forms of expression, including video games, to the broader society," Kennelly said.

Illinois Gov. Rod Blagojevich has vowed to appeal the decision, saying, "This battle is not over."

Bills aimed at restricting sales of violent games to minors are the latest effort in a long campaign by critics and some parent groups to limit access to games with adult content.

In other news:

The controversy reached a new pitch this summer when game publisher Take-Two Interactive Software pulled its blockbuster title "Grand Theft Auto: San Andreas" from store shelves following complaints over the discovery of hidden sex scenes.

But the video game industry has won most of the early court battles over proposed and pending legislation.

In early November, a federal judge granted a preliminary injunction preventing the state of Michigan from enforcing a law aimed at banning sales of violent video games to minors.

Courts already have blocked similar legislation in Washington State, the city of Indianapolis and St. Louis County in Missouri, finding that the laws violated free-speech guarantees in the U.S. Constitution.

Meanwhile, California Gov. Arnold Schwarzenegger, who once starred in violent movies like "The Terminator," in October signed into law a measure restricting the sale and rental of "ultra-violent" video games to minors.

Video game industry groups have challenged that law.

U.S. Sen. Hillary Clinton has said she will introduce federal legislation restricting violent game sales when Congress reconvenes in the coming days.