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.

---

http://zippydsm.deviantart.com/

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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Poll

Should ‘sexism’ factor into a video game’s rating?:

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MaskedPixelanteIs anyone else experiencing this weird Youtube glitch where, no matter what you had the volume set at last time, it defaults to muted no matter what?11/20/2014 - 10:07pm
MechaTama31What was wrong with Remember Me? I liked that one... >.>11/20/2014 - 8:50pm
AvalongodI tend to see the violence and sexism issues as different. Historically we know that the violence issue is overblown. But sexism is real. Better representations of women in games WILL happen.11/20/2014 - 7:35pm
Andrew EisenAnd unless I completely missed it, there's nothing in there about "how Pokemon in general is sexist but you gotta look deep for it."11/20/2014 - 5:10pm
Andrew EisenSeriously, you're upset, irked and fearful over an opinion piece that suggests the Pokemon demo would be better with more options and a better-written female character? SERIOUSLY?!11/20/2014 - 5:07pm
MaskedPixelantehttp://gamasutra.com/blogs/PugetAlain/20141118/230420/Nearly_Ripped_off_to_death_by_a_publisher__Get_better_by_yourself_and_wait_for_justice_Maybe.php Topware screws over an indie studio because they can.11/20/2014 - 5:01pm
Andrew EisenAre you SURE you provided the right link?11/20/2014 - 4:59pm
prh99And yeah that sucks, especially when bonuses are tied to it, but that is more a problem with crappy publisher policies and scoring in general than any discussion on what may or may no be sexism in games.11/20/2014 - 4:59pm
prh99But no one is on their legislative high horse or on the litigation war path, for that matter. The biggest effect is that a reviewer might give it a lower score and drag down their meta critic ranking.11/20/2014 - 4:56pm
Wonderkarpyup11/20/2014 - 4:51pm
Andrew EisenOh for crying out loud. Wonderkarp, I apologize for how rude this question is but seriously, did you actually read that article?11/20/2014 - 4:47pm
Wonderkarpits a stigma. people in power hear this crap and start getting on their legislative high horse. but I feel like we've already paid too much attention too a demo.11/20/2014 - 4:46pm
Andrew EisenHarm gaming how?11/20/2014 - 4:35pm
Wonderkarpcause it gets parroted around and is used by people to harm gaming like Jack Thompsons did with Violence. http://www.themarysue.com/pokemon-oras-sexism/ here's the article.11/20/2014 - 4:28pm
Andrew EisenNo idea why such an opinion would upset or irk you so I'd be interested in reading it. Got a link?11/20/2014 - 4:13pm
Wonderkarplook deep for it....reaching much. those kinds of people are what urk me.11/20/2014 - 4:07pm
WonderkarpI got upset the other day when a known feminist blog wrote a large article on how the demo to Pokemon Omega Ruby was Sexist cause you couldnt play as a girl. It was a Demo....who cares? but they went off on how Pokemon in general is sexist but you gotta11/20/2014 - 4:06pm
Andrew EisenHere's the panel that Sarkeesian quote from earlier comes from. Amazing what the proper context does, isn't it? https://www.youtube.com/watch?v=e0qxtKz2vZw11/20/2014 - 3:32pm
NeenekoSomething to keep in mind, we tend to look at physics as 'hard', but math and physics are trivial compared to soc/psych (I have worked in both), but FEELS like it should be simplier.11/20/2014 - 3:17pm
NeenekoI think what tends to make discussing sexism in games difficult is scale, the issues tend to be systemic in nature, but bite sized examples are not... and the systemic part ties into a lot of dry academic stuff requiring domain knowledge not everyone has.11/20/2014 - 3:16pm
 

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