CURRENT LITIGATION NEWS

 

ESA v. Swanson:  Eighth Circuit Rules
March 17, 2008 -- A 3-judge panel today ruled Minnesota may not bar those under 17 from purchasing video games rated "M" or "AO" by the ESRB's voluntary ratings system. Some MC members were plaintiffs in this case and others joined an amicus brief in support.  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: Media Coalition Members File Amicus Brief
August 16, 2007 -- Media Coalition members American Booksellers Foundation for Free Expression, Association of American Publishers, Comic Book Legal Defense Fund, Freedom to Read Foundation, and PMA: The Independent Book Publishers Association today filed an amicus brief in USA v. Williams.  To read the brief, click here.

VSDA v. Schwarzenegger : Governor Schwarzenegger Appeals Ruling
September 5, 2007 -- California Governor Schwarzenegger will appeal U.S. District Court Judge Ronald Whyte's August ruling, which granted a permanent injunction enjoining enforcement of a law that would have banned the sale or rental to minors of video games with violent content.  The District Court ruled that there is no sufficient evidence showing video games are any different from movies and television, and are not subject to greater regulation.  To learn more, click here.   

ACLU v. Gonzales: COPA Struck Down
March 22, 2007 -- The U.S. District Court of Eastern Pennsylvania today struck down the Child Online Protection Act (COPA), finding the 1998 law violates the First Amendment.  The case had been remanded from the Supreme Court for a trial last fall to determine whether the law was the least restrictive means for protecting children from adult material on the Internet.  In his 84-page opinion, U.S. District Judge Lowell Reed wrote that COPA is "impermissibly vague and overbroad."

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 about the case, please click here.

The King's English v. Shurtleff: Federal Judge Signs Order to Block Enforcement
August 25, 2006 -- U.S. District Judge Benson, in Salt Lake City, today issued a preliminary injunction barring enforcement of a law that would have applied Utah's harmful to minors law to the Internet and forced websites to remove certain lawful content.  The law also would have required ISPs to block access to restricted websites in such a way that many unrelated sites would also be blocked.  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
Latest Action: 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
Latest Action: 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
Latest Action: 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 minor's statute to the Internet was unconstitutional. 

Page last updated September 18, 2007