Jeremy Peat TCOM 384-3 Case Brief Name of the Case and Citation Entertainment Software Association vs.

Rod R. Blagojevich, Governor, 469 F.3d 641 (2006), decision by United States Court of Appeals for the Seventh Circuit. Facts of the Case On July 25, 2005, the State of Illinois enacted the Sexually Explicit Video Game Law. The law required video game retailers to place four square-inch labels with the number 18 on games that fit its definition of sexually explicit, defined as including actual or simulated sexual acts, genitals, or exposed female breasts. It also required retailers to place an 18 by 24 inch sign in their store explaining the video game rating system, as well as brochures on the same topic. Finally, the law levied criminal penalties on anyone who sells or rents sexually explicit video games to a minor. The following day, the Entertainment Software Association filed a suit against the State, questioning the constitutionality of the law. The Eastern Division of the Northern District of Illinoiss District Court ruled that the law was in fact unconstitutional. The State appealed the case to the Seventh Circuit Court of Appeals. Legal Issue Is the Illinois Sexually Explicit Video Game Law narrowly tailored to achieve its purpose or is it overbroad and an unconstitutional violation of the first amendment? Courts Decision The US Court of Appeals for the Seventh Circuit upheld the Eastern Division of the Northern District of Illinoiss District Courts decision that the Illinois Sexually Explicit Video Game Law is unconstitutional. Rationale The Illinois Sexually Explicit Video Game Law is a content-based restriction on speech, and therefore must be examined under strict scrutiny. In other words, it must be determined to be narrowly tailored to address a compelling government issue. The concern in this case is not whether or not the regulation of sexually explicit content among minors is a compelling government issue, as it clearly is, but whether or not it is narrowly tailored. A statue is only narrowly tailored if a less restrictive alternative would not solve the issue. In this case, the size required stickers and signs are ridiculously and unnecessarily large. Furthermore, this is an issue of forced speech. While there are some exceptions, the First Amendment protects people from being mandated to say something. The stickers, signs, and brochures required in this law are a violation of this protection. The statutes definition of sexually explicit is also flawed. Even a brief flash of nudity would be considered sexually explicit under the law. It also provides no exemption for work that has literary, artistic, political, or scientific value for minors. For example, a video game based on the Odyssey was considered sexually explicit for a single scene in which the protagonist rejects the temptation of two topless women to continue on his mission. Finally, a simple educational campaign about the

already-in-place ESRB rating system would have addressed the issue. Therefore, the Illinois Sexually Explicit Video Game Law is not narrowly tailored and is thus unconstitutional. Implications This case is significant as it illustrates the limitations the government has in passing regulations. Regulatory statues must be narrowly tailored to the issue they address; otherwise, if they limit anything outside of the issue being addressed, they will be considered overbroad and deemed unconstitutional.