Entertainment Software, Video Software Dealers (VSDA), and Illinois Retail Merchants Associations vs. Rod Blagojevich

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Video game violence and sexuality has been a major issue since the beginning of the industry. To understand in a litigation aspect one should be familiarized with Entertainment Software, Video Software Dealers (VSDA), and Illinois Retail Merchants Associations (The Plaintiff’s) vs. Rod Blagojevich (The Defendant) case. First, one should briefly understand the argument, then to why the act is vaguely unconstitutional. Also as to why the restrictions on violent and sexually explicit video games are unconstitutional, and finally what the states results were. Video games are not the cause of violence, is it other factors that exist to make a person violent.

One should understand what the purpose and main argument was. Under the Illinois Public Act 94-0315, the restrictions on violent and sexually explicit video games are viewed to be unconstitutional. Due to this unconstitutional act, the Plaintiff’s were entitled to a preliminary injunction. A “preliminary injunction is a provisional remedy that is invoked to preserve the subject matter in its existing condition… and its main purpose is to prevent termination of the plaintiff's rights” (Farlex). If the act were allowed to be permitted, it would inflict sanctions that would violate the right to free expression, under the first amendment. With the challenge to the acts restrictions, on the issue, with regards to the first amendment, the state recognized that strict scrutiny applied. The state also claims that it could not prove any of these allegations, and had no response to the claims of the plaintiffs. The first amendment was put into place to prevent a state or government, from controlling an individual’s, thoughts, feelings and viewpoints.

Strict scrutiny is a “standard of Ju...

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...lent Video Games Law, and Sexually Explicit Video Games Law.

In conclusion, video games are not the sole contributor to violence. Throughout the case, one can conclude that certain amendments were violated. Those amendments were the first and fourteenth. What was violated was the freedom of expression and speech. While sexual content in video games can be harmful to minors, they can access it through other means; for example television, movies, internet and media. These other forms of contextual information can cause violence, with enough exposure to them. In the end the laws were a violation of the constitution and no evidence could be brought to light. The court was in favor of the plaintiff’s and prevented the used of these laws again. Violence is everywhere; it is how an individual absorbs, and interprets it that makes that person’s personality.

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