Thoughts, essays, and writings on Liberty. Written by the heirs of Patrick Henry.

“There is in all of us a strong disposition to believe that anything lawful is also legitimate. This belief is so widespread that many persons have erroneously held that things are “just” because the law makes them so.”     Frederick Bastiat

November 28, 2006

Appeals Court Strikes Down Illinois Video Game Law

by Doug Mataconis

A Federal Appeals Court has upheld a lower court ruling declaring Illinois ban on the sale of certain video games to minors unconstitutional:

ILLINOIS — The 7th Circuit U.S. Court of Appeals has affirmed the ruling of a judge who struck down a law that would have banned the sale of violent and sexually explicit video games to minors.

Last year, U.S. District Judge Matthew Kennelly ruled that the Illinois ban violated free-speech protections. The appeals court agreed that the law, which would have gone into effect Jan. 1, was too broad.

“The state must recognize that the question of a statute’s compliance with the 1st Amendment does not end once it is determined that the free speech rights of adults are unaffected,” the court wrote.

The law was championed by Gov. Rod Blagojevich, who had promised to fight for its survival. A spokeswoman for him said the court decision was being reviewed by the governor’s office.

The law would have made sales of such games to minors illegal and punishable by as much as a year in prison.

This means, of course, that parents in Illinois will be forced to raise their children themselves rather than relying on the state to do it for them.


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