Game Politics ([info]gamepolitics) wrote,

BREAKING NEWS: Michigan Video Game Law Blocked by Court

The video game bill recently signed into law by Michigan Gov. Jennifer Granholm (left) will not go into effect on December 1st as originally called for in the legislation.

A just-issued ESA press release says that Judge George Caram Steeh of the United States District Court for the Eastern District of Michigan has granted a video game industry request for a preliminary injunction blocking the law from taking effect.

In his order, the Judge wrote that "It is unlikely that the State can demonstrate a compelling interest in preventing a perceived 'harm'... the Act will likely have a chilling effect on adults' expression, as well as expression that is fully protected as to minors. 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."

As reported by the ESA, Judge Steeh did not find "the brain imaging and social science research put forward by the state" persuasive enough "to sustain the argument that violent video games cause aggressive behavior."

ESA honcho Douglas Lowenstein was pleased with Judge Steeh's decision, saying:

"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. Rather than continuing to play politics and pursuing this case to its inevitable defeat, further wasting Michigan taxpayers' dollars along the way, we hope the state will start to join us in a common effort to take steps that actually help parents raise their kids in a healthy and safe way."

Bo Andersen, head of the Video Software Dealers Association (VSDA), also a plaintiff against the Michigan law, was similarly gratified:

"We are obviously pleased by this decision, but we are not surprised. 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."

Today's injunction is not a final decision in the suit, but simply bars the law from taking effect while the case itself is worked out.

GP readers can download the ruling.


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  • 57 comments

[info]hilaryduffgta

November 9 2005, 23:23:28 UTC 6 years ago

hey im shocked...lol

Wow Gee didnt we predict this would Happen..Hey We are regular NOstradomis LIke Jack too..WooohOooooo

[info]sedyn

November 9 2005, 23:42:31 UTC 6 years ago

Re: hey im shocked...lol

Just a comment in general, but I don't like the way that jack has been represented in an Emmanuel Goldstein context.

He is not the alpha of a group trying to regulate / gain money / notoriety off video games. There are other, more dangerous people to contend with.

[info]tsknf

November 9 2005, 23:25:51 UTC 6 years ago

Let us all join hands and do a little dance of joy. Or not.

[info]nightwng2000

November 10 2005, 03:36:34 UTC 6 years ago

I'm not holding your hand til you shave your palms first. :)

nightwng2000

Anonymous

November 9 2005, 23:26:31 UTC 6 years ago

Mark my words, Jack Thompson will have something to say about this... trust me. Or else!

[info]evilrockstu

November 9 2005, 23:26:53 UTC 6 years ago

Mark my words, Jack Thompson will have something to say about this... trust me. Or else!

[info]semperar

November 9 2005, 23:57:24 UTC 6 years ago

trust you... or else!

bam! the deadly Jack Thompson one-two punch, comboing together his two signature attacks! followup by firing a hadouken-subpeona for a quick KO!

[info]skemodan

November 9 2005, 23:32:07 UTC 6 years ago

No one's pulling anything from the shelves

Gamestop, EB, Best Buy, none of these stores would ever dream of pullinh M rated games and CERTAINLY not T rated games since those aren't even enforceable by law with an ID. These companies stand to lose so much money that way. It would be a self degrading system. Stores pull M games, M games are no longer accessible in stores, maybe even online, or at all. Next, the developers moe to have the rating system banned, modified, whatever it takes to get their games back on the shelves, the system becomes a humongous mockery and Jack Thompson has some brand new material to work with.

This kind of stuff won't destroy the gaming industry. What these morons are doing is similar to trying to remove movies, television, the internet from our society which is insane merely in premise. Video games have deep roots in culture and they aren't going anywhere for a LOOOOOOOOOONG time, no matter how many Jack Thompsons step up to the plate to try and take them down.

I imagine that when Jack is long retired and laying on his death bed, his family will crowd around him as he utters his last words, "I have done many good things." and his family will frown and shake their heads and say, "No Jack, you haven't." How tragic.

I hate this planet.

[info]mazinger_z

November 10 2005, 00:20:18 UTC 6 years ago

Re: No one's pulling anything from the shelves

Actually, according to ESA research, their E(Everyone) rated games made up just more than 50% of their sales. T made up 30%, with M at 16%.

So they might actually pull their M rated games, since it doesn't even make up 25% of their sales, and perhaps even a smaller percentage in stores. Yes, it's a large amount of money, still... but perhaps well worth the risk of a fine.

[info]the1jeffy

6 years ago

[info]goldelite

November 9 2005, 23:32:32 UTC 6 years ago

I knew this would happen.

[info]hilaryduffgta

November 9 2005, 23:44:22 UTC 6 years ago

Doubt we will Hear Jack on this One

Seeing as how he has his hands full with the tennesee shooting..Cant wait too see what bs comes out of that..well enjoy my post i am about to go make for that One

[info]semperar

November 10 2005, 00:00:09 UTC 6 years ago

Re: Doubt we will Hear Jack on this One

I'm excited about that one. 15-year-old fires a .22 at teachers? I guarantee no connection to video games. Why?

Find me ONE game that involves firing .22 calibur handguns at ANYBODY. seriously. Video games don't use pussy weapons, duh.

[info]semperar

November 10 2005, 00:02:10 UTC 6 years ago

a single tear has undoubtedly fallen from jack's eye, weeping at the thought that a poor, un-christian heathen child will take yet one step further from Godly salvation by buying Halo.

Anonymous

November 10 2005, 00:06:47 UTC 6 years ago

Oh Jack...

Oh Jack...why do you try to float your dying cause? On a positive note...at least he gives me something to laugh at.
Heh heh...silly boy.

[info]evilrockstu

November 10 2005, 00:09:38 UTC 6 years ago

A Cautionary Note

Douglas Lowenstein... wait a minute... didn't Jack Thompson say Doug Lowenstein had turned over a new leaf and left the Dark Side™ behind? Doesn't this... contradict Jack's comments? o.O

My goodness, Jack Thompson bashing is more addictive than videogames. Perhaps a ban of Jack Thompson is in order? :D

On a more serious note, although I'm glad to see a half-arsed, counter-productive law turned down for the moment, I'm concerned that after all the fuss (as far as Michigan goes), at the end of the day nothing has been achieved, other than the taxpayers maybe feeling a little poorer. There's got to be some kind of follow up... there's got to be some middle ground here, the ESA and the industry can't just say 'hey we won this one, let's move on', Doug can't just say something about taking steps then do nothing. The question is... what are they going to do?

[info]markstandridge

November 10 2005, 00:55:49 UTC 6 years ago

Re: A Cautionary Note

Off the top of my head, they need stricter and more public internal policing procedures, i.e. they need paid moles randomly checking retailers for compliance w/ESA standards. Let's be clear, the ESA, and perhaps even the bigger purveyors of M-rated stuff *cough* Rockstar, Midway, et al *cough*, need to be doing this, NOT the government.

That, in a nutshell, was/is the problem w/Herb Kohl, Little Joey Lieberman, these random state legislatures, and yes, your friend and mine Laddy Jack Thompson. They wanna put a cast & a splint on what is, a worst, a minor flesh wound: they want to run to Big Brother the government to cure every lil' "evil" that they perceive is happening with the gaming industry, without FIRST giving the industry the chance to exhaust its own internal administrative remedies. Look at the MPAA--how long has it been around? How long until real enforcement of the ratings standards came about? How long before we had the PG-13 rating? How long before we had individualized descripters below each film's rating? That's right, it took decades of internal efforts and evolution to get to a workable system; Laddy Jack and his cronies would deny the gaming industry that simply because it's the fashionable group to bash these days (and, of course, 'cause opportunist shill lawyers naturally want to hitch on to the gravy train).

...and that's my 2 cents.

-MDS

[info]mrfalcon

6 years ago

[info]jabrwock

6 years ago

[info]jabrwock

6 years ago

[info]the1jeffy

6 years ago

[info]jabrwock

6 years ago

[info]the1jeffy

6 years ago

[info]jabrwock

6 years ago

[info]the1jeffy

6 years ago

[info]jabrwock

6 years ago

Deleted comment

[info]jabrwock

6 years ago

[info]the1jeffy

6 years ago

[info]jabrwock

6 years ago

[info]jacque_q

November 10 2005, 00:59:04 UTC 6 years ago

Thank you courts. Now please follow through and finish the job.

[info]_jeckel

November 10 2005, 01:53:01 UTC 6 years ago

Well...
The courts finaly stepped up and took this thing down...the constitutional thing...
Keep doin' you jobs, through and through...

[info]quartermaine

November 10 2005, 02:03:19 UTC 6 years ago

Wheels of justice

As usual, they turn in our direction. Sorry Jack, but greedy lawyers like yourself and political opportunists eventually get buried.

jesuslovesyou, and I'm trying to,

Sincerely,

Paul Gonzalez

[info]locke_cole

November 10 2005, 02:53:57 UTC 6 years ago

WOW... Look at all the time and Jack still hasn't come up with a way to spin this into a 'victory for teh cauze'. I'm truly amazed, and slightly disappointed, come on Jack, ya got another one in there, I just KNOW it.

[info]jabrwock

November 10 2005, 03:01:31 UTC 6 years ago

He's trying to figure out how to simultaneously blame Lowenstein for all the ills in the world, praise him for "seeing the light", and gnash his teeth at him for getting this injunction.

His head must be spinning right now, he's trying to hold two mutually incompatible thoughts in his head at the same time.

Anonymous

6 years ago

Anonymous

November 10 2005, 02:55:58 UTC 6 years ago

Not a Surprising Ruling

Generally there are stays of the enforcement of such laws pending a full adjudication of the constitutionality.

By the way, this is a very questionable law. California's is much better. Jack Thompson

[info]locke_cole

November 10 2005, 12:10:34 UTC 6 years ago

Re: Not a Surprising Ruling

There we go, I knew he still had some spin left in him.

He did worry me for a minute though, what would we do without Jack? Probably laugh less and talk about more important stuff. ^_-

Anonymous

6 years ago

[info]keddren

November 10 2005, 03:07:04 UTC 6 years ago

Excellent, Smithers.

Anonymous

November 10 2005, 03:09:19 UTC 6 years ago

"....ultimately pulling 'T' and 'M'-rated games off stores shelves altogether."

Well, there goes my entire prefrance of games...Well I used to like this bill, now I seem to want to urinate on it.

[info]railven_marquis

November 10 2005, 03:20:14 UTC 6 years ago

Re: A Cautionary Note

What people be against the government enforcing sales of videogames the manner in which they handle the selling of alcohol or cigarettes?

I wouldn't mind having to flash my ID whenever I go to pick up the next FPS. And if we are all seem to agree with keeping this M/AO content out of the hands of children then why not?

I don't agree with the law suits and holding the gaming industry responsible with the crimes, but if something such as that would shut up all the Jack Thompsons up why not just let them have it?

Those who are adults win, they keep their content and don't have to read about law suits over minors. If a minor is found with such item the seller should be held responsible and the parents. If a fine follows I'm willing to wager that sellers would enforce this policy more so if there was no fine.

~R

[info]catch_33

November 10 2005, 03:27:09 UTC 6 years ago

Re: A Cautionary Note

but if something such as that would shut up all the Jack Thompsons up why not just let them have it?

If you give a mouse a cookie, he's going to want some milk.

How does that apply to this situation? Simple: If we give the JT's of the world what they want, they're going to demand more, because now they know they can get it. But if we tell them to fuck off, which we have every right to do, they have no choice but to throw a temper tantrum and slink back into the shadows where they belong.

[info]locke_cole

6 years ago

[info]the1jeffy

6 years ago

[info]catch_33

November 10 2005, 03:23:59 UTC 6 years ago

*grinning from ear to ear*

It is unlikely that the State can demonstrate a compelling interest in preventing a perceived 'harm'... the Act will likely have a chilling effect on adults' expression, as well as expression that is fully protected as to minors. 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.

As reported by the ESA, Judge Steeh did not find "the brain imaging and social science research put forward by the state" persuasive enough "to sustain the argument that violent video games cause aggressive behavior."


Care to talk any shit JT? I know you're watching bitch. C'mon, you want to accuse the judge of being bought off? Or just plain stupid? Because there's nothing else you could possibly say to this. Douchebag.

Anonymous

November 10 2005, 03:40:46 UTC 6 years ago

Too soon

This irks me a bit because I live in Michigan, and I wanted to go to a game store and make fun of little kids as they try to buy a M game and can't. Now he ruined that experience for me. I wanted the bill to come into effect for like a month or two, then get thrown out so I can have my fun.

I'm really disappointed...

Anonymous

November 10 2005, 04:32:49 UTC 6 years ago

God I hate Granholm... Stupid lady wants more college graduates yet wants to limit the scholarships and grants students can recive, from money that came from a settlement that is supposed to be for us! Go back to Canada, Granholm!

[info]ninja_setsuna

November 10 2005, 04:33:11 UTC 6 years ago

God I hate Granholm... Stupid lady wants more college graduates yet wants to limit the scholarships and grants students can recive, from money that came from a settlement that is supposed to be for us! Go back to Canada, Granholm!

[info]catch_33

November 10 2005, 04:34:49 UTC 6 years ago

Yeah, she's a real bitch. Even for a politician.

[info]jabrwock

6 years ago

[info]winter_b0rn

November 10 2005, 11:49:52 UTC 6 years ago

Wow, the injunction points at the holes in the act that will cause it to be tossed eventually (well, one can hope). I can't remember where those same holes were pointed to previously...hmmmm. ;)
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