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IDSA v. St. Louis County
329
F 3d 954 (8th Cir 2003)
Documents:
1.
Amicus brief in the Eighth Circuit Court of Appeals in support of appellants, and supporting reversal
2. Judge Arnold
decision in the Eighth Circuit finding the St. Louis statute
unconstitutional
This case involves ESA's (formerly IDSA) challenge to a St. Louis
County ordinance making it unlawful to knowingly sell, rent, make
available, or permit the "free play of" video games with violent
content to or by minors without the consent of a parent or guardian. Judge
Stephen Limbaugh of the U.S. District Court in St. Louis denied plaintiffs' motion for
summary judgment, holding that the video games were not First
Amendment-protected and, in any event, that violent material could be regulated.
Subsequently, the judge, on his own volition, dismissed the case. Plaintiffs appealed to the Eighth Circuit Court of Appeals, where arguments were heard
on March 12, 2003.
On June 3, the three judge panel from the Eighth Circuit reversed Judge
Limbaugh, ruling that the
ordinance is unconstitutional. Judge Morris S. Arnold wrote in
his opinion
that
video games could not be denied First Amendment protection simply because they
are interactive, and that depictions of violence cannot legally be considered
obscene for either minors or adults. The Eighth Circuit ordered Judge
Limbaugh to issue an injunction against enforcement of the statute. St. Louis
County officials appealed this decision on June 25, 2003 and asked
for a re-argument en banc before the Eighth Circuit. Both motions were
denied.
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