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.

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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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