Judge: Chicago Transit Authority Cannot Ban VG Ads

January 8, 2010 -

The Entertainment Software Association (ESA) has won a preliminary injunction in its lawsuit against the Chicago Transit Authority (CTA) over the banning of advertisements for adult-rated videogames.

An ordinance (008-147) that took effect in January of 2009 prohibited any advertisement that “markets or identifies a video or computer game rated ‘Mature 17+’ (M) or ‘Adults Only 18+’ (AO).”  The ESA argued that such a ban unconstitutionally “restricts speech in a public forum that is otherwise open to all speakers without a compelling interest for doing so.”

The United States District Court for the Northern District of Illinois granted the ESA an injunction, with Judge Rebecca R. Pallmeyer stating:

…the advertisements the CTA wishes to ban promote expression that has constitutional value and implicates core First Amendment concerns.

The ESA further challenged that the CTA ordinance is redundant since videogame-related marketing is already regulated by the Entertainment Software Rating Board’s (ESRB) Advertising Review Council.

ESA President Michael Gallagher was obviously pleased:

This ruling is a win for Chicago's citizens, the video game industry and, above all, the First Amendment. It is our hope that the CTA sees the futility of pursuing this case further. To do so will waste taxpayer money and government resources.


Comments

Re: Judge: Chicago Transit Authority Cannot Ban VG Ads

This is not suprising but it should be known that unlike restriction of game sales or censorship of games in general Advertisments are commercial Speech and only an intermediate level of scrutiny is needed to justify a ban or restriction rather then strict scrutiny. So cases like this could be easier for the nanny-state to win but I still think they would fail.

 "No law means no law" - Supreme Court Justice Hugo Black on the First Amendment

"No law means no law" - Supreme Court Justice Hugo Black on the First Amendment

Re: Judge: Chicago Transit Authority Cannot Ban VG Ads

Jack who? (heh)

Re: Judge: Chicago Transit Authority Cannot Ban VG Ads

Wonder what Jack will have to say about this?

He'll probably do to Judge Pallmeyer what he tried to do to Judge Tunis. What's the betting on how bad his FAIL will be?

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"A Chrono Trigger is anything that unleashes its will or desire to change history!" -Gaspar

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"A Chrono Trigger is anything that unleashes its will or desire to change history!" -Gaspar

Re: Judge: Chicago Transit Authority Cannot Ban VG Ads

Is he doing anything lately other than pretending he was never disbarred?

Re: Judge: Chicago Transit Authority Cannot Ban VG Ads

Heh, who cares?

Hunting the shadows of the troubled dreams.

Hunting the shadows of the troubled dreams.

Re: Judge: Chicago Transit Authority Cannot Ban VG Ads

Meh, who knows?

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"A Chrono Trigger is anything that unleashes its will or desire to change history!" -Gaspar

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"A Chrono Trigger is anything that unleashes its will or desire to change history!" -Gaspar

Re: Judge: Chicago Transit Authority Cannot Ban VG Ads

Hooray for free speech!   Yay!


Sortableturnip's Law: As an online discussion of video game violence grows longer, the probability of a comparison involving Jack Thompson approaches 1

Re: Judge: Chicago Transit Authority Cannot Ban VG Ads

Meanwhile, somewhere in Miami...

My DeviantArt Page (aka DeviantCensorship): http://www.darkknightstrikes.deviantart.com

Re: Judge: Chicago Transit Authority Cannot Ban VG Ads


 

 

the First Amendment triumph once again.  But I'm not sure if JT is going to be apying attention to what's going on. 

 

Re: Judge: Chicago Transit Authority Cannot Ban VG Ads

I remembered how I did it.

EDIT: In hindsight, I realize I should have used Wolf's pic to do the joke right.

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"A Chrono Trigger is anything that unleashes its will or desire to change history!" -Gaspar

 

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"A Chrono Trigger is anything that unleashes its will or desire to change history!" -Gaspar

Re: Judge: Chicago Transit Authority Cannot Ban VG Ads

This avacado adds nothing to the conversation.

http://i778.photobucket.com/albums/yy64/eriksspambox/avacado.jpg

-Ultimately what will do in mankind is a person's fear of their own freedom-

 

Re: Judge: Chicago Transit Authority Cannot Ban VG Ads

BRILLIANT!

Also,

1220590702013bv4.jpg image by leanmeatfourfingers

Re: Judge: Chicago Transit Authority Cannot Ban VG Ads

BRILLIANT use of Darth Vader! This is a victory for the gaming industry for sure.

http://www.magicinkgaming.com/

Re: Judge: Chicago Transit Authority Cannot Ban VG Ads

Sure they can if they ban ALL M/R rated ads(or ads for adults only procudts can consume)


Until lobbying is a hanging offense I choose anarchy! CP/IP laws should not effect the daily life of common people! http://zippydsmlee.wordpress.com/


Copyright infringement is nothing more than civil disobedience to a bad set of laws. Let's renegotiate them.

---

Patreon

Deviantart

Re: Judge: Chicago Transit Authority Cannot Ban VG Ads

I guess some conservative out there is penning the obligatory "activist judges" response with the now-required "the Founding Fathers never intended this filth to be thrust upon children" lines.

 

Re: Judge: Chicago Transit Authority Cannot Ban VG Ads

...If this was in Chicago...wouldn't it have probably been some batshit-insane Democrat/liberal that wanted the ads banned?

Note that I'm not trying to imply that conservatives don't, just that in this case it probably would've been people of the "Hillary Clinton" persuasion that want to "protect teh childrenz."

-Optimum est pati quod emendare non possis-It is best to endure what you cannot change-

-Optimum est pati quod emendare non possis-It is best to endure what you cannot change-

Re: Judge: Chicago Transit Authority Cannot Ban VG Ads

Excellent.  Who gets to break the news to our friend Jack?  (I call dibsies if no one else already has!)

 
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Which group is more ethically challenged?:

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KaylaKazeI think the problem here is certain people don't know what "shouldn't" means, even after it's been explained to them half a dozen times.07/01/2015 - 4:19pm
Andrew EisenWhat if creators heard our feedback, agreed with it and then... oh god... made a better show? The HORROR!!!07/01/2015 - 4:13pm
Andrew EisenI mean, next thing you know they'll make a YouTube video. A YOUTUBE VIDEO!!!07/01/2015 - 4:07pm
Andrew EisenHow DARE anyone write an opinion suggesting that people who suck at something might consider a better way to accomplish the same thing or improve so they suck less. The NERVE!07/01/2015 - 4:06pm
Goth_SkunkYes, but we complain about it amongst ourselves, we shake our heads, we sigh, shrug our shoulders and say 'oh well, what can you do?' We don't write articles for Wired and say 'Anyone can write about X, but should they? Probably not.'07/01/2015 - 3:57pm
Andrew EisenMy favorite is: "Zoom and enhance!"07/01/2015 - 3:55pm
E. Zachary KnightGoth, you must not hang out with many technology experts. We complain about bad portrayals of tech all the time.07/01/2015 - 3:52pm
Andrew EisenPeople should be free to write about anything their little hearts desire. Even if they suck at it. Maybe not the most advisable thing to do, depending on their personal goals. But that's why you listen and learn and improve! Or try to, anyway.07/01/2015 - 3:50pm
Andrew EisenAnd you're straying from the path a bit but the sentiment in and of itself I agree with.07/01/2015 - 3:47pm
Goth_SkunkBut, as in the example I provided with call tracing and cell phone triangulation, the audience lets it slide, even the subject matter experts.07/01/2015 - 3:47pm
Andrew EisenGreat! Maybe you'd change your mind if you read her reasons for suggesting such a thing, maybe not. But at least now you're opining what she actually said!07/01/2015 - 3:46pm
Goth_SkunkFor the sake of entertainment, people write about things they shouldn't write about all the time. If they stopped, most things fiction would cease to exist.07/01/2015 - 3:46pm
Goth_SkunkAnd I think that's a despicable thing to suggest, worse than someone who sucks at writing a rape scene doing so. By all means, if the rape scene was poorly written, criticize it after the fact.07/01/2015 - 3:45pm
Andrew EisenYou're not wrong that she's suggesting that people who suck at writing rape scenes (which is who "anyone" refers to) probably shouldn't, yes.07/01/2015 - 3:42pm
Goth_SkunkAnd I will point out again that you're wrong. It's quite plainly stated anyone can write a rape scene, but they probably shouldn't. She's very general in the statement because she's using the word 'anyone,' but I am not wrong.07/01/2015 - 3:39pm
Andrew EisenBut, at least that was a lot closer to what she's actually arguing.07/01/2015 - 3:38pm
Andrew EisenIf you read the article you'd realize why that comparison doesn't work.07/01/2015 - 3:37pm
Matthew Wilsonhttp://www.dota2.com/international/compendium/ the COMPENDIUM hit 15 mill, so that means valve got 60 million.07/01/2015 - 3:35pm
Goth_Skunkget it wrong, so should they write about their usage in their stories? Chances are, the answer is no.07/01/2015 - 3:34pm
Andrew EisenShe's also not saying people should not write about topics they're not experts in or otherwise personally experienced.07/01/2015 - 3:34pm
 

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