FC: Federal judge says videogames not speech, can be regulated

From: Declan McCullagh (declanat_private)
Date: Tue Apr 30 2002 - 10:07:00 PDT

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    Robert found the text of the opinion, which is here:
    http://pacer.moed.uscourts.gov/opinions/INTERACTIVE_DIGITAL_SOFTWARE_ASSOC_V_ST_LOUIS_COUNTY-SNL-36.PDF
    
    Two excerpts:
    >This Court reviewed four different video games, and found no conveyance of 
    >ideas, expression, or anything else that could possibly amount to speech. 
    >The Court finds that video games have more in common with board games and 
    >sports than they do with motion pictures... The Court has trouble seeing 
    >how an ordinary game with no First Amendment protection, can suddenly 
    >become expressive when technology is used to present it in "video" form.
    
    >The Court finds that plaintiffs failed to meet this burden of showing that 
    >video games are a protected form of speech under the First Amendment. 
    >However, even if plaintiffs could establish that video games are a form of 
    >expression, their constitutional argument still fails.
    
    Previous Politech messages:
    
    "Appeals courts rule on violent arcade games (YES), anonymity (NO)"
    http://www.politechbot.com/p-01433.html
    
    "Sell 'violent' video games to a teenager, go to jail"
    http://www.politechbot.com/p-03238.html
    
    -Declan
    
    ---
    
    From: "Robert Helmer" <roberthelmerat_private>
    To: <declanat_private>
    Subject: Vid Games and First Amendment
    Date: Tue, 30 Apr 2002 11:29:42 -0500
    
    Declan, thought you might be interested that the St. Louis
    Post-Dispatch is reporting that the federal court in St. Louis has
    ruled that "video games are not free speech." What follows are a few
    paragraphs from the story and the link to St/ Louis Today, one of the
    Post-Dispatch's web sites.
    
    Bob Helmer
    
    Daily Rotation
    http://www.dailyrotation.com
    Shell Extension City
    http://www.shellcity.net
    St. Louis, Missouri
    
    
    Officials surprised by ruling on violent video games
    
    By Eric Stern
    Of the Post-Dispatch
    04/29/2002 08:59 PM
    
    Two years ago, St. Louis County wanted to add teeth to the industry's
    rating system by making it illegal to sell sexually explicit and
    violent video games to minors without parental consent.
    
    So, the county passed a law. As expected, it got sued by video game
    makers, but last week, it unexpectedly won an initial ruling in
    federal court.
    
    Now the county is trying to figure out what to do next. Should it
    enforce a law that one federal court has ruled unconstitutional?
    Should it spend more time and money defending the law, maybe all the
    way to the U.S. Supreme Court, against an industry that had $6 billion
    in sales last year? Or should it try to reach a settlement?
    
    Despite a ruling in a different federal circuit, U.S. District Judge
    Stephen Limbaugh last week said video games are not free speech and
    ruled that the county has a compelling interest to protect the
    physical and emotional health of children. He rejected the video game
    industry's attempt to throw out the ordinance, and the case is heading
    to trial.
    
    http://www.stltoday.com/stltoday/news/stories.nsf/News/6F953FEE16C0CE4B86256BAB000CFBE7?OpenDocument&Headline=Officials%20surprised%20by%20ruling%20on%20violent%20video%20games
    
    
    
    
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