Question: The Entertainment Software Association (ESA), rep- resenting video game developers such as Sony Com- puter Entertainment and Nintendo, filed a motion for a permanent injunction

The Entertainment Software Association (ESA), rep- resenting video game developers such as Sony Com- puter 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 sub- jective 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 tai- lored 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? [Enter- tainment Software Association v. Blagojevich et al., 469 F.3d 641 (2006).]

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