ESA, et al., v. Granholm, et al.
Eastern District of Michigan
United States District Court
April 2006
On April 3, 2006, the Hon.George Caram Steeh, US District Court, Eastern District of Michigan, issued a permanent injunction halting the implementation of this Michigan bill, which sought to ban violent video game sales to minors.
In his decision, the Judge firmly dismissed the state's claim that the interactive nature of video games makes them less entitled to First Amendment protection. "The interactive, or functional aspect, in video games can be said to enhance the expressive elements even more than other media by drawing the player closer to the characters and becoming more involved in the plot of the game than by simply watching a movie or television show," Judge Steeh wrote. "It would be impossible to separate the functional aspects of a video game from the expressive, inasmuch as they are so closely intertwined and dependent on each other in creating the virtual experience."
Regarding the "science" presented by the state purporting to show a link between violent games and violent behavior and thoughts, the Court said, "Dr. [Craig] Anderson's studies have not provided any evidence that the relationship between violent video games and aggressive behavior exists." It then added that the evidence introduced alleging that new brain mapping studies show a link between violent games and aggressive thought is equally unpersuasive. "The research not only fails to provide concrete evidence that there is a connection between violent media and aggressive behavior, it also fails to distinguish between video games and other forms of media," the Judge wrote.
Addressing the state's claims that video games are more harmful than TV because the player controls the action, the Court said there is no evidence to support such a claim, adding that "….it could just as easily be said that the interactive element in video games acts as an outlet for minors to vent their violent or aggressive behavior, thereby diminishing the chance they would actually perform such acts in reality....Not only does the Act not materially advance the state's stated interest, but it appears to discriminate against a disfavored 'newcomer' in the world of entertainment media. Thus, 'singling out' the video game industry does not advance the state's alleged goal," the Judge concluded.
To view this decision in its entirety please go to: http://tinyurl.com/jae73
Copyright © 2010 — ESA Entertainment Software Association |
 |