Federal court strikes down Blagojevich video game restrictions

December 2, 2005 (WLS) -- A federal judge has struck down the state's new law restricting sales of violent video games to minors. The law was supposed to take effect January 1. But the judge called it unconstitutional.

Governor Rod Blagojevich pushed for the law, saying children are being harmed by exposure to violent and sexually explicit games. Opponents have argued that the law restricts free speech.

Lawyers for the video game industry had their lawsuit ready to file the day the governor signed the bill in July. Illinois is now the fifth state to enact a law banning the sale of violent and sexually explicit video games to minors. It is also the fifth state to have that law struck down by a federal judge.

Violence has become so graphic in some mature-rated video games that we are unable to show you the best examples on family television. But suffice to say, many lawmakers, including the governor, and some parents groups are deeply concerned about it. That is why the governor signed a bill this summer that would penalize retailers for selling some of the more explicit games to minors.

Sheila Nix is a parent who helped the governor draft the law.

"These games can be extremely violent, and unlike television, the child is a participant in the game," said Sheila Nix, governor's senior advisor.

All video games in the stores are rated, with an "M" for mature going to games that require a parent's permission. Industry officials believe that is sufficient and that parents should take the responsibility of overseeing what their children have access to, not police.

"These types of restrictions on video games violate the First Amendment," said Sean Bersell, Video Software Dealers Association.

Federal judge Matthew Kennely agreed. In his ruling he wrote, "If controlling access to allegedly dangerous speech is important in promoting the positive psychological development of children, in our society that role is properly accorded to parents and families, not the state."

Outside a local video game store Friday night, parents and teens had different opinions on the issue.

"If you watch some of those games, the influence it has on other kids, it's a shame ," said Carmen Coy, mother.

"If the mother or the parents don't want their kids to play, that's up to them," said Daniel Fernbach, 17 years old.

The governor's office is already planning to appeal. A spokesperson says they believe the industry has changed dramatically since the first rulings were issued striking down these laws. They also believe the Illinois law was written more narrowly than some of the others.

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