DKSuddeth
Member
Just saw this article and a particular statement from the judge should have startling implications for the anti-gunners there.
http://suntimes.com/output/news/cst-nws-video12.html
I'd say that there has to be a second amendment case somewhere in Illinois that could use this statement, right?
http://suntimes.com/output/news/cst-nws-video12.html
The federal judge who ruled an Illinois law banning the sale of violent or sexual video games to minors was unconstitutional has another message for the state: Pay up.
U.S. District Judge Matthew Kennelly this week ordered that the state must pay more than $510,000 three business groups incurred in their successful fight over the Safe Games Illinois Act.
In December 2005, shortly before the law was to go into effect Jan. 1, Kennelly ruled in favor of the Entertainment Software Association, Video Software Dealers Association and the Illinois Retail Merchants Association and barred the state from enforcing the law.
Gov. Blagojevich and others who pushed for the measure argued that exposure to games in which characters use violence or engage in sexual acts harms children. But the judge said the law would interfere with the First Amendment and that there was not a compelling enough reason, such as preventing imminent violence, to allow it to go into effect.
I'd say that there has to be a second amendment case somewhere in Illinois that could use this statement, right?
'Irrefutable messages'
In fact, the judge said state officials came ''nowhere near'' demonstrating that the new law was constitutional.
At the time, Blagojevich said he would continue to fight for the ban. Since then, the state has appealed the ruling, Blagojevich spokesman Gerardo Cardenas said.
Despite that ongoing fight, Cardenas said the state would pay the attorneys' fees.
"Judge Kennelly's rulings send two irrefutable messages -- not only are efforts to ban the sale of violent video games clearly unconstitutional, they are a waste of taxpayer dollars," said Douglas Lowenstein, president of the Entertainment Software Association, a trade group of U.S. computer and video game publishers. "The sad fact is that the state of Illinois knew this law was unconstitutional from the beginning. Taxpayers have a right to know that over half a million of their dollars and countless government hours were thrown away in this fruitless effort."
Cullerton's prediction
In a statement released by the Entertainment Software Association, Sen. John J. Cullerton, (D-Chicago) added, "When I spoke against the law in Springfield, I predicted we would have to pay legal fees. The amount ordered paid to the plaintiffs by Judge Kennelly doesn't even count the substantial fees the state will have to pay its own lawyers."
Kennelly wrote, "If controlling access to allegedly 'dangerous' speech is important in promoting the positive psychological development of children, in our society that role is properly accorded to parents and families, not the state."