ESA, et al., v. Hatch, et al.
District of Minnesota
United States District Court
July 2006
On July 31, 2006, Judge James M. Rosenbaum, US District Court, Minnesota, issued a permanent injunction to halt implementation of a Minnesota law which sought to penalize minors for the purchase or rental of M or AO rated games.
In his decision, Judge Rosenbaum stated that "…there is no showing whatsoever that video games, in the absence of other violent media, cause even the slightest injury to children." The Court then raised questions about the Legislature's motives in passing such an obviously unconstitutional law, stating "several other states have tried to regulate minors' access to video games. Every effort has been stricken for violating the First Amendment...The Court will not speculate as to the motives of those who launched Minnesota's nearly doomed effort to "protect" our children. Who, after all, opposes protecting children? But, the legislators drafting this law cannot have been blind to its constitutional flaws."
Like all other courts to rule on this issue, Judge Rosenbaum rejected the science presented by the state purporting to show a link between violent games and violent behavior and thoughts. "Should the injunction be granted, the state argues the children of Minnesota's psychological well-being and ethical and moral development will be harmed. The problem with this argument is the state's inability to show the truth of this position. As shown above, there is a paucity of evidence linking the availability of video games with any harm to Minnesota's children at all. A person, indeed a legislature, may believe there is a link and a risk of harm, but absent compelling evidence, the belief is pure conjecture. The state's professed concerns, in the absence of evidence showing them to be well-founded, do not outweigh the chilling effect on free speech that would result from the Act becoming effective."
The Court also rejected the state's attempt to incorporate ESRB ratings into the law, stating that such a delegation of authority to a private entity violates the First Amendment. The Court found the retailer signage requirements unconstitutional as well.
In March 2008, The United States Court of Appeals for the Eighth Circuit upheld the District Court's ruling. The Attorney General then requested an en banc review of the Appellate decision. The Attorney General's motion was denied in May, 2008.
On June 30, 2008, Minnesota paid the ESA $65,000 in attorney's fees and expenses as ordered by the Court.
To view the decision in its entirety, please go to: http://tinyurl.com/ezd5r
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