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CURRENT LITIGATION NEWS

 

Powell's Books v. Myers: Judge Denies Motion for Preliminary Injunction, Case To Go To Trial

June 23, 2008 – After oral argument, U.S. District Court Judge Michael Mosman, of the District of Oregon, declined to grant plaintiffs’ motion for a preliminary injunction. Judge Mosman has set an expedited schedule for trial for a permanent injunction. Plaintiffs’ opening brief is due July 30th, the State’s response is due on August 29th, and plaintiffs’ reply is due on September 12th. The hearing on the merits is scheduled for October 3rd. The case is a challenge to a law that makes illegal for minors sexually explicit material without adhering to the Miller/Ginsberg three-pronged test: Powell's Books v. Myers.

 

ABFFE v. Dann: Media Coalition Members File Brief in Sixth Circuit in OH Case

March 31, 2008 -- Media Coalition members today filed a brief in the Sixth Circuit Court of Appeals in a cross-appeal of U.S. District Court Judge Rice's ruling that found a "harmful to minors" statute as applied to the Internet unconstitutional. More information can be found at ABFFE v. Dann.

ESA v. Swanson: State of MN Pays $65,000 in Legal Fees to the Entertainment Software Association
 June 30, 2008 – The state of Minnesota paid $65,000 in attorney fees and expenses incurred as a result of the Entertainment Software Association’s successful challenge to Minnesota’s unconstitutional video game law. The law would have restricted the sale or rental of games rated "M" or "AO" by the ESRB to anyone under 17 and—in contrast to other state video games bans— would have imposed a $25 fine on any minor purchasing or renting a restricted game. It would have also required retailers to post signs explaining the restriction. For more, click here.

EMA v. Henry: U.S. District Court Grants Permanent Injunction
September 17, 2007 -- U.S. District Court Judge Robin Cauthron today granted plaintiffs' motion for permanent injunction, barring enforcement of a law that would have added a definition of "inappropriate violence" to Oklahoma's harmful to minors law. The court found that depictions of violence cannot be regulated in the same was as obscenity. For more, click here.

USA. v. Williams: U.S. Supreme Court Upholds PROTECT Act 7-2
May 19, 2008 -- The U.S. Supreme Court today held 7-2 that the PROTECT Act is nether overboard nor impermissibly vague. Justice Scalia wrote the majority opinion, with a concurrence by Justice Stevens; Justice Souter dissented and was joined by Justice Ginsburg.

VSDA v. Schwarzenegger: Plaintiffs Receive $282,794 in Legal Fees from State of California
August 5, 2008 -- California has reimbursed plaintiffs in this case $282,794 in attorneys’ fees. California will appeal U.S. District Court Judge Ronald M. Whyte’s year-old decision to permanently enjoin the law; the case is pending in the U.S. Court of Appeals for the Ninth Circuit. The law would have banned the sale or rental of video games with violent content and required labeling of the restricted games. To learn more, click here.

ACLU v. Mukasey: (formerly ACLU v. Gonzales) COPA Struck Down Again
July 22, 2008 -- A three-judge panel of the Third Circuit Court of Appeals issued a unanimous opinion in ACLU v. Mukasey affirming the District Court and holding the Child Online Protection Act unconstitutional. The court held that COPA is vague and overbroad, and that it does not constitute the least restrictive means of protecting children from content on the Internet. In reaching these conclusions, the court also confirmed in its opinion that COPA does not apply to websites outside the U.S. For more, click here.

ESA v. Foti: Judge Finds LA Video Game Ban Unconstitutional
November 30, 2006 -- Ruling from the bench, U.S. District Court Judge Brady today permanently enjoined a Louisiana law that would have banned the sale of video games with violent content. The law would have banned violent content if the content met a three-part test that lawmakers based on the Miller/Ginsberg test, which was established to determine what sexual content may be considered harmful to minors. Plaintiffs in the case included Entertainment Software Association and Entertainment Merchants Association. To learn more about this case, click here.

ESA v. Blagojevich: Victory for Video Games: Seventh Circuit Upholds District Court Order
November 27, 2006 -- Members of Media Coalition today welcomed the Seventh Circuit Court of Appeal's decision in ESA v. Blagojevich. The Court found that Illinois's law banning the sale of video games with certain sexual content violated the First Amendment. The Court upheld U.S. District Court Judge Matthew Kennelly's order granting a permanent injunction barring enforcement of the law. To learn more, click here.

ESA v. Granholm: Win for Video Games in Michigan
May 1, 2006 -- The 30-day period in which the state of Michigan could appeal the U.S. District Court decision granting a permanent injunction of a video game ban has passed, effectively ending the case. This case is another win in a series of successful challenges to laws that would restrict access to material with violent content. Plaintiffs included the Entertainment Software Association, the Video Software Dealers Association, and the Michigan Retailers Association. To learn more, please click here.

The King's English v. Shurtleff: Federal Judge Hears Plaintiffs’ Motion for Reconsideration
July 28, 2008 -- U.S. District Judge Benson today heard the plaintiffs’ motion for reconsideration. Attorneys for the plaintiffs asked the court to reconsider its previous dismissal of certain claims and parties. Benson will issue a written decision on the motion at a later point. This case is a challenge to a Utah law that would bar access to certain websites. To learn more, click here.

Lyle v. Warner Brothers: CA Supreme Ct. Finds Language Did Not Constitute Sexual Harassment
April 20, 2006 -- The California Supreme Court today reversed the decision of an Intermediate Appellate Court, with the court finding that plaintiff Amaani Lyle's allegations did not constitute sexual harassment. One judge quoted the amicus brief Media Coalition members submitted in his opinion, saying any speech that is part of the creative process is protected by the First Amendment. To learn more, click here. To learn more about Lyle v. Warner Brothers, click here. 

Shipley, Inc. v. Long: Arkansas Law Held Unconstitutional
February 10, 2005 -- Arkansas withdrew its appeal to the 8th Circuit Court of Appeals. The opinions of the Arkansas Supreme Court defining the terms in Arkansas display to minors law and of the U.S. District Court striking down the provisions of the Arkansas law will stand. 

Athenaco v. Cox: Judge Issues Opinion Dismissing Case
September 2, 2004 -- U.S. District Judge Anna Diggs Taylor issued an opinion granting summary judgment in this case. By accepting the definitional arguments put forward by the Attorney General and County Prosecuting Attorneys, the opinion limits the effect of the statute.

PSINet v. Chapman: Virginia Decides Not to File Petition for Certiorari
September, 2004 -- Virginia has decided not to file a petition for certiorari with the Supreme Court after the Fourth Circuit Court of Appeals denied the defendant's motion for reconsideration. Previously, a three-judge panel ruled in favor of the plaintiffs in a 2-1 decision finding the law unconstitutional. Fees and costs have been granted by both the District Court and the Fourth Circuit. On March 25, the Fourth Circuit Court of Appeals upheld the decision of the District Court declaring that Virginia's application of its harmful to minors statute to the Internet was unconstitutional.

Page last updated August 14, 2008.