Michigan Video Games Law on Hold

By Ed Oswald | Published November 10, 2005, 1:30 PM

A U.S. District Court judge granted a temporary injunction against Michigan's violent video games law Wednesday while it is examined for constitutionality. Governor Jennifer Granholm signed the bill into law in September, and it was slated to take effect December 1.

The law would have made the sale of violent video games to minors illegal, and imposed fines of up to $40,000 and three months jail time for those who sell the games, or pose as a parent or guardian to purchase a game for a minor.

The Entertainment Software Association, an interest group that works on behalf of software publishers, brought the case to court arguing that it infringed on the industry's constitutional rights, which the judge seemed to agree with in principle.

"The Act will likely have a chilling effect on adults' expression, as well as expression that is fully protected as to minors," Judge George Caram Steeh wrote in his decision. "The response to the Act's threat of criminal penalties will likely be responded to by self-censoring by game creators, distributors and retailers, including ultimately pulling 'T' and 'M'-rated games off stores shelves altogether."

The video game industry is not completely out of the woods just yet. A final determination on whether the law can be enforced is still yet to come, but at least for the time being it will not be applied. And Wednesday's granting of a temporary injunction does indicate that there may be some hope for it to be overturned altogether.

Such a ruling could also help the video game industry's fight against a similar California law, as well as other violent video game laws being proposed nationwide.

As expected, the ESA was pleased with the decision. "We are gratified that Judge Steeh has issued this preliminary injunction and in so doing has suggested that the arguments and research relied on by Governor Granholm and the Legislature are weak and unpersuasive," ESA president Douglas Lowenstein said in a statement.

Video Software Dealers Association President Bo Anderson seconded Lowenstein's comments, adding that "during the legislative process, VSDA advised legislators and Governor Granholm that the law could not pass muster under our Constitution, and today's decision - while not a final determination - clearly indicates this law will be overturned."

Comments

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It's alright, they can just download it off P2P anyhow :D

But no seriously, I live in Michigan, 8 miles from Detroit which I fear going to. Video games don't make people violant, it's all about being able to tell fantasy from reality.

Yeah I remember playing road rash when I was a teen and taking my morning star and racing my friend then bashing his face in with it. Oh wait, I never did that because I was tought properly the difference between fantisy and reality, right and wrong.

Stop trying to protect the stupid and just let darwinisim take it's course.

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I think the issue is that a 7 year old could buy it behind a parents back too. But I guess it would be the parents responsibiliy to watch the games the kid is playing to make sure.

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well stores are suppose to check IDs for games like that, a 7 year old should not be able to buy a Rated T game or a Rated M game by law and policies.

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I really hate this, this is why we have "RATINGS" if the parents don't want their kids playing violent video games THEN DON'T BUY THEM FOR THEM! it is not fair that those of us whom are mature enough to play this video games have to suffer because some parents let their 6 year old play a 17+ Rated M game and now they wanna shoot up school or steal a car. This is such BS, But we're allowed to show a people having sex, shooting wars, and crusing on public TV, but we can't have that in our video games that these young kids can't even buy??!?!

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