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News: Explicit Video Game Ban In Il Deemed Unconstitutional

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OCC News Post


In August 2005, the Illinois State Legislature enacted the Sexually Explicit Video Game Law (SEVGL) which required all retailers to place a four-inch square label on all games with sexual material (covering a significant portion of the box art), signage within five feet of game software, signage at all information desks, as well as outlawing the sale of such games to minors.


The SEVGL defines sexually explicit video games as:


Those that the average person, applying contemporary community standards would find, with respect to minors, is designed to appeal or pander to the prurient interest and depict or represent in a manner patently offensive with respect to minors, an actual or simulated sexual act or sexual contact, an actual or simulated normal or perverted sexual act or a lewd exhibition of the genitals or post-pubescent female breast.


The Entertainment Software Association took exception to this law and promptly sued the State of Illinois, claiming that it violated the First Amendment.


Judge Matthew F. Kennelly ruled yesterday that the SEVGL was unconstitutional, a decision that the State is currently appealing. Specifically, the court concluded that the SEVGL was not narrowly tailored and that the SEVGL’s brochure, labeling and signage provisions constituted “compelled speech” in violation of the First Amendment.


Judge Kennelly has ordered Illinois Gov. Rod Blagojevich to pay the legal costs of the video-game industry, which now amounts to over $510,260. According to the Associated Press, the State has yet to make any indication that it will pay and that Judge Kennelly is scheduled to rule next month on whether to intervene with a deadline for payment. Since the ruling, interest on the legal fees has added more than $7,800 to the total.

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or post-pubescent female breast


:blink: Does that mean a depiction of pre-pubescent female breasts are okay?! Isn't that WORSE?!?!! :blink:


Sometimes reading the wording of laws is hilarious.

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