"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 (click here for PDF) represents another setback
to politicians and anti-game 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.
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
have, however, 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 year's news about a sex scene embedded in Rockstar
Games' "Grand Theft Auto: San Andreas" also has caused
politicians to complain. (Rockstar, a subsidiary of Take-Two
Interactive, has said the so-called Hot Coffee
modification--which permits a player to simulate sex with a
woman--was the work of hackers who performed "significant
technical modifications and reverse-engineering" of the
game.)
The U.S. House of Representatives voted 355 to 21 last July
for a resolution calling for an investigation of "Grand
Theft Auto," and a similar measure was introduced in the
Senate.
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