Michigan game law unconstitutional

  • By Declan McCullagh, News.com
  • Posted Apr 4, 2006 10:03 am PT

Federal judge rules that games are protected under the First Amendment, casts doubt on claims that violent games lead to aggressive behavior.

From News.com

A federal judge has overturned a Michigan law restricting the sale of violent video games, the most recent in a series of decisions that have gutted similar laws on free-speech grounds.

US District Judge George Caram Steeh ruled on Friday that a state law criminalizing the sale of violent video games to anyone under 17 years of age is unconstitutional because that form of entertainment is protected by the First Amendment's freedom of expression clause.

"Video games are a form of creative expression that are constitutionally protected under the First Amendment," Steeh ruled. "They contain original artwork, graphics, music, story lines and characters similar to movies and television shows, both of which are considered protected free speech."

The ruling represents another setback to politicians and antigame activists who have mounted a state-by-state campaign for such restrictions. In the last few years, the 7th and 8th Circuit courts of appeal, plus federal judges in Washington, Illinois, and California, have found such laws to be unconstitutional.

"As long as they keep losing and most of the time don't even appeal, things are unlikely to change," said Paul Smith, a partner at the Jenner and Block law firm who is representing the Entertainment Software Association and the Video Software Dealers Association in the lawsuit. (Smith recently testified at a US Senate hearing on games.)

One reason for the judicial skepticism is that academic studies have not established a link between simulated violence in video games and real-world action. (Under Supreme Court precedent, such a link between simulated violence and "imminent lawless action" would be necessary to make those laws constitutional.) Craig Anderson, a professor of psychology at Iowa State University, offered testimony on behalf of Michigan, saying that simulated violence can become "automatized" with repeated exposure.

But Steeh, in a 17-page opinion, said that "despite this claim, Dr. Anderson's studies have not provided any evidence that the relationship between violent video games and aggressive behavior exists. His tests fail to prove that video games have ever caused anyone to commit a violent act, as opposed to feeling aggressive, or have caused the average level of violence to increase anywhere."

Politicians who support more laws targeting video games, however, have been trying to write large checks to researchers they hope will come up with more compelling studies. Last month, Democratic senators Joseph Lieberman of Connecticut, Hillary Clinton of New York, and Dick Durbin of Illinois persuaded a Senate committee to approve a sweeping study of the "impact of electronic media use."

Last November, Clinton and Lieberman introduced the Family Entertainment Protection Act, a federal piece of legislation that restricts minors' access to violent games in much the same way as the overturned Michigan law, but would also require the Federal Trade Commission to conduct annual audits of the industry's ratings system.

99 Comments

  • SAMLST

    Posted Dec 2, 2006 8:41 am PT

    These F#cks are spending tax dollars on this while there are soldiers in Iraq who don't even have half decent body armor. Makes me F$cking sick.

  • Cloud737

    Posted Dec 2, 2006 2:48 am PT

    "Politicians who support more laws targeting video games, however, have been trying to write large checks to researchers they hope will come up with more compelling studies."
    WTF? Can`t you come up with better ways to spend tax money? That is a total waste of time and money, and yet politicians go after it because it makes theit votes go up. Yeah, right!

  • miiiguel

    Posted Apr 10, 2006 9:25 am PT

    It's good for the gaming community that it's Mrs. Clinton and "brains" alike that pushes these non-senses, imagine if it was someone with an actual brain ?

  • gatsbythepig

    Posted Apr 8, 2006 5:11 pm PT

    who actually lives in Michigan?

  • clearwaterslick

    Posted Apr 6, 2006 3:58 pm PT



    Why Hillary, WHY???? Can't you see that a majority of the youth in America is democratic AND plays video games. I swear if you keep this behavior up I will be forced to vote for Jeb Bush over you in the next election!

    Is that sad that the deciding factor for how I vote will most likely be the candidates view on video games??

  • DesertRat1314

    Posted Apr 6, 2006 5:20 am PT

    I'm in my mid-teens and i've been playing games like doom and such since i could walk. I'm a big fan of i suppose some of the most violent games, FPSs. But i'm not out w/ gangbangers doin drivebys or any crazy stuff like that because my parents actually decided to raise me. I really don't like politics, who does, lol. actually acording to this chart and article youth violent crime has decliened since the release of major gaming systems and games http://www.fatal1ty.com/news/?type=PR&ID=26. Possibly an outlet of the violent tendensies?(just speculation) Maybe, since gun companies have the NRA etc., maybe us, as the gaming community, need to create a similar organization. this is beginning to get out of hand. i have a bad feeling in the next election there isn't going to be a good canidate just like gore vs. bush and kerry vs. bush, I don't care for any of them really, lol.

    just a thought...

  • pjnukem_37

    Posted Apr 5, 2006 10:08 pm PT

    I think that Hilary Clinton is realy a man.......

  • troakun

    Posted Apr 5, 2006 9:34 am PT

    Most underage male criminals play video games. How do I know this? Because most underage males play videogames.

  • Autolycus

    Posted Apr 5, 2006 6:17 am PT

    MOST DEMOCRATS dont like Hilary Clinton. So all you bush lovers(who are too blind to see the truth) need come up with something better the Hillary Clinton attacking whatever she can to make a name.

  • ewjim

    Posted Apr 5, 2006 2:09 am PT

    I think that's good for now... But here, in Russian Federation, we don't have ANY law about games, yet!

  • Lucifer013

    Posted Apr 5, 2006 12:05 am PT

    Yea, it would be funny if she is really doing this because Bill is playing GTA 24/7 and isn't paying any attention to her, lol.

  • YEPEE00

    Posted Apr 4, 2006 10:59 pm PT

    expression & being expressed apon are two entirely... different things.

  • HalfLifer248

    Posted Apr 4, 2006 10:58 pm PT

    Shes wasting her time she'll never ban GTA or any violent videogame. Its just unconstitutional for her to ban kids from buyign games. I go to Gamestop and they never let me buy M rated games even before all this Hot Coffee.

  • Kravyn81

    Posted Apr 4, 2006 10:10 pm PT

    *Yawn* Sounds like Hilary needs a new recreational activity to keep her busy from losing all these pointless lawsuits. How about getting LAID? Maybe she won't be so uptight anymore. Help us out, Bill!

  • StillWingless

    Posted Apr 4, 2006 9:18 pm PT

    fabulous to know that our courts still have their heads screwed on (relatively) straight.

  • shrum91

    Posted Apr 4, 2006 8:27 pm PT

    if she tried to run for president she wont get as many botes as she would like...cause of all this

  • the_junk

    Posted Apr 4, 2006 8:26 pm PT

    Antigame activists shouldnt be getting down on "violent games" so much as they should be getting down on themselves for raising their children wrong. You think a game "made" your kid beat someone with a baseball bat? if you would have instilled in him any decent moral values then maybe he'd turn out just fine, ya think?

  • NERDSFOREVER

    Posted Apr 4, 2006 7:45 pm PT

    PRAISE THE LORD!!! JUSTICE IS SERVED!!!!!!! NOW FOR EVERY OTHER STATE TO FOLLOW THE SAME EXAMPLE

  • remmbermytitans

    Posted Apr 4, 2006 7:28 pm PT

    score

  • Nehvlis

    Posted Apr 4, 2006 6:57 pm PT

    Yeah I'm from Mi but i'm 17 now so i would rather see this pass... But of course it would only open the window for more restrictions so in the long run. Video Game Industry: 1 Granholm: 0

  • thefjk

    Posted Apr 4, 2006 6:03 pm PT

    More weird laws on games...

  • Blazer88

    Posted Apr 4, 2006 5:22 pm PT

    Justice is served.

  • Murad1

    Posted Apr 4, 2006 5:18 pm PT

    Conservative party is going crazy nowdays, i mean wtf?First they scream about porn and how it corrupts our society and they are banning it and now they are running their mouths about vidoe games and music.yeah it starts out with the whol 'we want to protect our children from that stuff' talk but then even adults will be forbidden to buy that kind of stuff.I did not come to this country so that some governmental dumb ass was telling what kind of thing i cant watch or play and i am 21year old!Wheee taht fetl good

  • URINAL123

    Posted Apr 4, 2006 5:14 pm PT

    This is soooo stupid. GTA doesn't make any more felons then Marylin Manson (ugh). They all ready regulate these things. THEY'RE CALLED RATINGS. It makes me mad they could impose their willl like this.

    HOORAY for the constitution!!!

  • umbrae

    Posted Apr 4, 2006 5:08 pm PT

    Another one bites the dust...

  • l337gamer99

    Posted Apr 4, 2006 4:29 pm PT

    Heh.
    Lack of evidence= phail

    To like...the max...or something.

  • marquiess

    Posted Apr 4, 2006 4:10 pm PT

    Another one bites the dust. Good work Judge!!!

  • bringon22

    Posted Apr 4, 2006 4:08 pm PT

    [This message was deleted at the request of the original poster]

  • bringon22

    Posted Apr 4, 2006 4:07 pm PT

    [This message was deleted at the request of the original poster]

  • jimbo102671

    Posted Apr 4, 2006 3:46 pm PT

    Clinton, Leiberman, Thompson, and any such others might as well give this up. If the FEPA is in any way similar to the struck down Michigan law, FEPA itself will eventually be declared unconstitutional as well. Congress is not above the Constitution, and it's time they are told that in no uncertain terms.

  • aransom

    Posted Apr 4, 2006 3:40 pm PT

    What are you talking about fisticuffs?!? Of course the Federal government has the right to weigh in on state law. Did you go to public school? State laws must adhere to the US constitution and if Federal judges rule that state laws violate the US constitution they get struck down. This happens all the time. Here's a few examples: the Texas anti-sodomy law a year or two ago, Prop. 187 in California several years ago, that would have taken public services away from illegal aliens, 1954 Brown vs. the Board that made it segregation laws illegal.

    I'm glad to see some sanity from the courts once in a while. The war against video games is just a symptom of the nanny state run amok in our society. Parents don't want to be burdened with raising their kids so they want the government to do it. Our society is lax on punishing crime and we come up with all these excuses for bad behavior instead of holding people responsible for their actions, "I couldn't help killing that person, a video game made me do it"

  • Tarnsyn

    Posted Apr 4, 2006 3:40 pm PT

    Well, that's good! I was born, raised, and live in Michigan, and it's good to see such a law struck down. If only the whole issue would just stop, but that won't be happening for a long while.

  • caesarbites

    Posted Apr 4, 2006 2:50 pm PT

    Judges = smart. This is like the third or fourth time in weeks that judges have flat-out owned the politicians with a "Nope"...

  • fisticuffs

    Posted Apr 4, 2006 2:44 pm PT

    These judges need to read the constitution and realize that the federal government has no right to weigh in on this state law.

  • General__bob

    Posted Apr 4, 2006 2:43 pm PT

    If the parent thinks its ok for their child to play violent games by all means let them play. Just don't get mad at video games when you didn't look at the rating when you bought the game.

  • BulletproofPat

    Posted Apr 4, 2006 2:35 pm PT

    Politicians should stop this stupid campaign against video games. Just because they can't play them because they have bad hand-eye coordination doesn't mean they have to take it out on us. I doubt playing a FICTIONAL game like Resident Evil would make a kid want to go out and blow the heads off of people with a shotgun, honestly. Or even GTA, only stupid LITTLE kids would emulate the actions shown in GTA. That's what the ratings are there for and adults need to buy M games for children.

  • smbius

    Posted Apr 4, 2006 2:16 pm PT

    Sad. Just sad.

  • ATISolidSnake

    Posted Apr 4, 2006 2:07 pm PT

    Nobody wants Hilary to win. The 2 people that are likely to win in 2008 is Republican John Mccain or his good friend Republican Juliani

  • ATISolidSnake

    Posted Apr 4, 2006 2:01 pm PT

    you cant ban games because movies television and bad books are more violent than videogames. This is why Hilary Clintons bill is being vetoed, because it is against the First Amendment

  • Ubersoldat87

    Posted Apr 4, 2006 2:01 pm PT

    ok, US is dirty country with crimes as far as one can see

  • Nradd99

    Posted Apr 4, 2006 1:56 pm PT

    "The problem is that no one, not the kids, the stores, or the politicians seem to be using it. The politicians should not be trying to define what a 'violent' game is... they should try to work within the boundries that the gaming industries have already set up. Movie theaters do not let underage kids into R rated movies and so stores that sell software should take on the same respect with M & AO rated games. If parents don't mind their kids having access to R rated movies they must take them to the theater to see it. The same should be true for M & AO rated games. The kids should be able to play it IF their parents allow it and are aware of the game's content. I am a parent of a pair of gamers (10 & 12 years old) and am an avid gamer myself. There are some M rated games I will allow my kids to play and some I will not. Like I said there is a great system already in place now if everyone would just start using it."

    It’s amazing how you can contradict yourself in roughly 2 paragraphs. First you say parents should stick to the parameters set by the ESRB, MPAA etc. Then, you admit that you make exceptions for your own children. So parents should follow the ratings, yet they also shouldn’t? That’s basically what you said saying. Please, if you're going to make an argument, at least be consistent. Then again, maybe you've been playing too much Killer 7. Can’t blame you for that.

    And, if movie ratings are really just there to "educate" then why are there regulations even with parent's permission? For example, a minor isn't allowed into an R rated movie if his or her parent doesn't accompany them. However, they aren't allowed into an R rated movie if the parent buys a ticket for them. Therefore, it isn't about what the parents want, that's just what we're told so we'll vote for the given candidate. In fact, according to polls, most agree with ESRB ratings. Since "everything is about what we want our children to see," then how can these angelic politicians argue with us? The truth is, ratings are not about what parents want, but rather, what the people in our government consider "moral." They are imposing their narrow values on us and our children, but I suppose certain people enjoy not having to do their job as parents.

  • sancezz

    Posted Apr 4, 2006 1:49 pm PT

    for God sake, make it illegal already, kids shouldn't have games that they're deemed to young for, SO WHAT'S THE PROBLEM?!

  • holhardy

    Posted Apr 4, 2006 1:43 pm PT

    The 4th State to rule its Game Law is unconstitutional. 46 more to go.

  • veracity024

    Posted Apr 4, 2006 1:36 pm PT

    Suck it Thompson! I want to see you in the cage!

  • Nradd99

    Posted Apr 4, 2006 1:33 pm PT

    We shouldn't get too excited just yet. If law suits continue to pop up everywhere, eventually one is bound to win, opening the door for others. Thank God Steeh had the basic reasoning skills to strike down the proposed law as unconstitutional. Still, this is only a minor victory. The only permenant solution is an amendment classifying video games as artistic expression, which would require much arguing on the part of gamers and free speech activists.

  • YukoAsho

    Posted Apr 4, 2006 1:27 pm PT

    Truth be told, I don't really think it IS a majority of people that are for these anti-game legislations. It's much like with television or the movies, we have a very vocal minority, and the rest of us could really give a crap less.

    And the idea that the video game industry doesn't have the money to defend itself is laughable. It's only been doing that for, what, the past decade? The game industry is too big and too rich to be pushed around by politicians with an axe to grind.

    My money's on all this nonsense going away for good in three to five years, when the ESA starts tossing funds into Republican campaigns (And yes, there aren't anywhere NEAR as many Republican supporters for this nonsense as there are Democrats).

  • LinkinSnake

    Posted Apr 4, 2006 1:27 pm PT

    us: 1 them: 0

  • OPOLO

    Posted Apr 4, 2006 1:13 pm PT

    Government - Please stay away & just teach people how to parent. We need better parents not more laws

  • UltimatumCHIEF

    Posted Apr 4, 2006 1:02 pm PT

    Eat that Jack Thompson
    Moviesmake you More violent than Video gamesdo......It's True

  • Generalissimo

    Posted Apr 4, 2006 1:02 pm PT

    These kind of stories really make my blood boil.

    I don't think the video game industry should be penalized for making games geared for adults. I think its sufficient that they put a ratings label on the game and brief description of the contents. Nor should they be responsible for every child or idiot that gets thier hand on one of thier games.

    The burden of responsibility lies on the parent and the retailers. On the retailers to make sure that they do not sell the R rated games to minors. And on the parents to take some damn responsibility for thier children. As a father of 2 young kids, I never play any of my adult themed games (i.e., Silent Hill games) when my kids are around. I usually wait until i'm alone or they are asleep.

    This is all a bunch of crap. The real message here is not that video games are violent, but that parents have to take responsibility.

    enuff said

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