ESA, et al., v. Blagojevich, et al.
Northern District of Illinois
United States District Court
December 2005
In a strongly worded 53 page decision, Judge Matthew Kennelly permanently enjoined the Illinois' Violent Video Games Law and Sexually Explicit Video Games Law on December 2, 2005.
Resoundingly dismissing the research in support of the statute presented by the State of Illinois, the Judge ruled that the "[state has] failed to present substantial evidence showing that playing violent video games cause minors to have aggressive feelings or engage in aggressive behavior." The decision came after a three day trial in which the state presented the testimony from Dr. Craig Anderson and Dr. William Kronenberger in support of its position. With respect to Dr. Anderson's claim that violent video games cause aggressive behavior, the Court said that "…neither Dr. Anderson's testimony nor his research establish a solid causal link between violent video game exposure and aggressive thinking and behavior… researchers in this field have not eliminated the most obvious alternative explanation: aggressive individuals may themselves be attracted to violent video games." In response to Dr. Kronenberger's claim that violent video games cause a reduction in brain activity, the Court said "…there is barely any evidence at all, let alone substantial evidence, showing that playing violent video games causes minors to 'experience a reduction of activity in the frontal lobes of the brain which is responsible for controlling behavior.'"
In his decision, the Judge found fault with the argument that legislation is the answer to protecting children from inappropriate media, writing "…if controlling access to allegedly 'dangerous' speech is important in promoting the positive psychological development of children, in our society that role is properly accorded to parents and families, not the state."
Finally, Judge Kennelly determined that "the state may have a compelling interest in assisting parents with regulating the amount of media violence consumed by their children, but it does not have a compelling interest in singling out video games in this regard. In fact, the under inclusiveness of this statute - given that violent images appear more accessible to unaccompanied minors in other media - indicates that regulating violent video games is not really intended to serve the proffered purpose."
After striking the Illinois law as unconstitutional, Judge Kennelly ordered the State of Illinois to pay the video game industry $510,000 to cover their attorney's fees in this case.
To view this decision in its entirety please go to: http://tinyurl.com/z3a8e
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