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Old 04-04-2006, 03:12 PM   #3
Hank Chinaski
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Join Date: Sep 2003
Location: Corner Office
Posts: 86,149
Diane! Time for a test case- quick. post the Beslan pix!

http://www.foxnews.com/story/0,2933,190447,00.html

  • Michigan Judge: Violent Video Game Ban Unconstitutional
    Tuesday, April 04, 2006


    DETROIT — A federal judge has ruled that a state law that bars retailers from selling or renting violent video games to minors is unconstitutional.

    The Entertainment Software Association, Video Software Dealers Association and Michigan Retailers Association, trade groups representing U.S. computer and video game publishers, filed the suit in September, charging that the law is unconstitutionally vague and violates the First Amendment right to free speech.

    Gov. Jennifer Granholm signed the law in September, and it was scheduled to take effect Dec. 1. But U.S. District Judge George Steeh issued a preliminary injunction in November, preventing the law from taking effect.

    Steeh's ruling Friday made the injunction permanent.

    "Video games contain creative, expressive free speech, inseparable from their interactive functional elements, and are therefore protected by the First Amendment," Steeh said in his ruling.

    Although courts have recognized that certain speech may be restricted when directed toward minors, the state failed to support its claim with substantial evidence that the games are likely to produce violent behavior, Steeh said.

    The judge also agreed with the plaintiffs' argument that the law was too vague.

How long before someone here uses this to challenge some arbitrary banning of a post as being too violently explicit? I've seen Judge steeh, and he has control of his court room. maybe someone can reach out and offer him a mod position?
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