ESA v. Minnesota (March 17, 2008 – 8th Cir Court of Appeals)
Click to hear Oral Arguments on Appeal (Feb 12, 2007)
Text of Appeal (Aug 29, 2006)
Permanent Injunction (July 31, 2006 – District Court)
Text of Complaint (June 6, 2006)
Text of Enjoined Bill (May 22, 2006)
The United States 8th Circuit begins hearing oral arguments today in Minnesota’s appeal of a District Court ruling that its 2006 “fine the buyer” video game statute was unconstitutional. A permanent injunction against Minnesota’s violent video game bill was granted in July 2006.
The law would have imposed $25 fines on children under 17 who bought or rented video games rated M (Mature) or AO (Adults only). The trial judge found that Minnesota was “…entirely incapable of showing a causal link between the playing of video games and any deleterious effect on the psychological, moral, or ethical well-being of minors [p. 7] …absent compelling evidence, the belief is pure conjecture”. [p. 13] Accordingly, the bill failed the strict scrutiny test necessary to survive a First Amendment challenge.