Judge Throws Out Michigan Violent Games Law

kukyfrope writes "The Entertainment Software Association (ESA) gained another victory today as Judge George Caram Steeh struck down the Michigan law previously attempting to ban the sale of certain games to minors, ruling the law unconstitutional. Judge Steeh is pushing for evidence showing the link between playing violent video games and actual acts of violence committed by players."

Comments

Relation . . . No Judicial Activism . . .

[Dausha]

It appears the state saw the video game law as an answer to obscenity in gaming. The S.Ct. allows government censorship of obscenity provided the government can show a rational relation between what they have done and what legitimate state purpose they are hoping to serve. This is considered the lowest threshhold for the Government to justify the Constitutionality of one of its acts. It is by this same rational basis that allows state, local, and Federal governments to seize land from one property owner and give to another if they believe it is better economically, thus turning a property right into an economic right.

What the judge has basically said here is the State has failed to meet even the lowest standard to prove Consitutionality.

This is a Federal Court judge applying established Supreme Court jurisprudence to what is categorically an obscenity issue. I see no judicial activism here.

Judicial activism occurs when a judge renders a decision clearly at odds with otherwise valid laws or established precedent that is itself founded on sound jurisprudence. Since the First Amendment grants Free Speech, but the government still has an interest in not allowing people to yell "Fire" in a crowded theater, the Court has categorized speech that may be restricted uncer certain criteria. Obscenity is one such category, and it is given the low threshhold because it is argueably not the meaning of the First Amendment.

Conversely, if this were completely political speech, the Government should have a near impossible chance to silence it. So, this judge is acting completely within the framework offered by the Court, and is not bucking precedent. Therefore, he is not an activist.

What we have hear is a Legislature that is clearly wrong on this one. I would love to see the breakdown of votes by party as the web site suggests a nearly equal footing by both parties.