Gaming industry is considering recent District Judge Matthew K. Kennelly’s declaration as a winner as he ruled that that sweeping regulation, even sexually explicit would have violated First Amendment right of free speech.
Last December Rep, Linda Chapa LaVia (D-Aurora) introduced the Violent Video Games Law and the Sexually Explicit Video Games Law (SEVGL) that is set to go into effect from next January. If the law would have prevailed retailers could not be able to rent or sell such games to persons below 18.
In a 53 page ruling Judge Kennelly defended
games as a protected form of free speech and dismissed the state’s scientific evidence suggesting causal links between violent games and violent behavior. He called the wording of the laws unconstitutionally vague. In particular, he took the Sexually Explicit Video Games Law to task for parroting the language of traditional obscenity laws but omitting key parts that ensure a work’s merit as a whole will be taken into consideration when determining its legality. He specifically brought up the recently released action game God of War and mentioned the game’s minigame in which main character Kratos has implied sexual relations with two women.
Source
