Question: The Entertainment Software Association ESA rep resenting video game developers

The Entertainment Software Association (ESA), rep- resenting video game developers such as Sony Computer Entertainment and Nintendo, filed a motion for a permanent injunction in Illinois, claiming that the Illinois Sexually Explicit Video Game Law (SEVGL) was a content-based restriction on speech. The ESA argued that the law requiring the marking "18" on games containing sexually explicit images was subjective and failed to meet the Central Hudson test. The district court agreed. Representatives of the state, including then-governor Rod Blagojevich, appealed the decision, arguing that the law was narrowly tailored to promote a legitimate state interest. Using the four steps of the Central Hudson test, how do you think the court of appeals decided the case?

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  • CreatedOctober 21, 2015
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