Michigan Video Games Law on Hold
A U.S. District Court judge granted a temporary injunction against Michigan's violent video games law Wednesday while it is examined for constitutionality. Governor Jennifer Granholm signed the bill into law in September, and it was slated to take effect December 1.
The law would have made the sale of violent video games to minors illegal, and imposed fines of up to $40,000 and three months jail time for those who sell the games, or pose as a parent or guardian to purchase a game for a minor.
The Entertainment Software Association, an interest group that works on behalf of software publishers, brought the case to court arguing that it infringed on the industry's constitutional rights, which the judge seemed to agree with in principle.
"The Act will likely have a chilling effect on adults' expression, as well as expression that is fully protected as to minors," Judge George Caram Steeh wrote in his decision. "The response to the Act's threat of criminal penalties will likely be responded to by self-censoring by game creators, distributors and retailers, including ultimately pulling 'T' and 'M'-rated games off stores shelves altogether."
The video game industry is not completely out of the woods just yet. A final determination on whether the law can be enforced is still yet to come, but at least for the time being it will not be applied. And Wednesday's granting of a temporary injunction does indicate that there may be some hope for it to be overturned altogether.
Such a ruling could also help the video game industry's fight against a similar California law, as well as other violent video game laws being proposed nationwide.
As expected, the ESA was pleased with the decision. "We are gratified that Judge Steeh has issued this preliminary injunction and in so doing has suggested that the arguments and research relied on by Governor Granholm and the Legislature are weak and unpersuasive," ESA president Douglas Lowenstein said in a statement.
Video Software Dealers Association President Bo Anderson seconded Lowenstein's comments, adding that "during the legislative process, VSDA advised legislators and Governor Granholm that the law could not pass muster under our Constitution, and today's decision - while not a final determination - clearly indicates this law will be overturned."