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A Delay in the Michigan Violent Games Law

Posted by Zonk on from the not-so-fast dept.

TecnaDigit writes "The ESA and the VSDA have achieved a small victory in the case against Michigan Senate Bill 416. According to Game Daily Biz, Michigan Judge George Caram Steeh (who himself seems a bit skeptical of the bill) passed an injunction holding it for consideration. In other words, while the bill is under examination it won't be passed into law. Originally, the law was supposed to commence on December 1st, 2005. Though the battle for this case is far from over, it is a bit of silver lining."

3 of 182 comments (clear)

  1. Re:You smell that? by Slime-dogg · · Score: 2, Informative

    I don't know if the constitution applies to this, though. We have the whole state's rights thing to be concerned about. The question is whether it is constitutional under the Michigan State Constitution.

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  2. A bit skeptical by Anonymous Coward · · Score: 2, Informative

    Judge Steeh seems more than just a bit skeptical, IMO. Here are some of his words: "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." There's a very good article at Gamasutra on this.

  3. Re:Don't jump too far ahead of yourselves by agibbs · · Score: 4, Informative
    Potential for the ultimate success on the merits of the case is one of the factors a judge must consider when granting an injunction. If a judge thinks there's little to no chance of success for the plaintiff, he won't grant an injunction. So, while it is not a final judgment, it is a more important step than you'd imagine. For those curious here are the four elements (in federal court anyway) that a judge is to use: An injunction should be granted if
    1. the plaintiff will suffer irreparable injury if injunctive relief is not granted
    2. the plaintiff will probably prevail on the merits
    3. in balancing the equities, the defendants will not be harmed more than plaintiff is helped by the injunciton
    4. granting the injunction is in the public interest.
    Taken from 526 F.2d 46.