EMA, et al., v. Henry, et al.
Western District of Oklahoma
United States District Court
September 2007
On September 17, 2007 Judge Robin J. Cauthron of the United States District Court for the Western District of Oklahoma issued a permanent injunction against that state's unconstitutional attempt at regulating computer and video games, ruling that video games are a form of creative expression entitled to protection under the First Amendment. In her decision, the Honorable Robin J. Cauthron also found that there is no support or "substantial evidence" that video games are harmful to minors. "… [T]here is a complete dearth of legislative findings, scientific studies, or other rationale to support passage of the Act," Judge Cauthron wrote.
Judge Cauthron addressed the issue of computer and video games' interactivity. She found that, "the presence of increased viewer control and interactivity does not remove these games from the release of First Amendment protection." The court also ruled that the law was underinclusive because a minor prevented from buying a video game with "'inappropriate violence' may still legally buy or rent the book or movie on which the game was based."
To view this decision in its entirety please click here.
On July 7, 2008, the State of Oklahoma reimbursed the ESA $56,367 for attorneys' fees incurred in the case.
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