Ill. Explicit Video Game Law Declared Unconstitutional

SPRINGFIELD, Ill. — The 7th U.S. Circuit Court of Appeals yesterday upheld a lower court’s ruling that Illinois’ Sexually Explicit Video Game Law (SEVGL) was unconstitutional and too broad.

The Entertainment Software Association, among others, filed suit against the state of Illinois the day after the SEVGL was enacted July 25, 2005, claiming that the law violated the First Amendment. A district court permanently enjoined enforcement of the law, and the state of Illinois sought review. On appeal, the 7th Circuit affirmed the lower court’s ruling that the statue was not narrowly tailored.

The Illinois state Legislature enacted the SEVGL, which criminalized the sale of sexually explicit video games to minors, and required vendors of such games to label any sexually explicit game with a four-square-inch label reading “18,” and provide relevant signage within the stores where games are sold.

Critics of the bill felt the definition of content that is deemed “too violent or sexually explicit” for minors is not clearly defined and will be left to the discretion of possibly discriminatory store owners.

The court exposed flaws in the law using the game God of War as an example of the type of content that could have been unfairly categorized as sexually explicit.

“Because the SEVGL potentially criminalizes the sale of any game that features exposed breasts, without concern for the game considered in its entirety or for the game’s social value for minors, distribution of 'God of War' is potentially illegal, in spite of the fact that the game tracks the Homeric epics in content and theme,” the 7th Circuit said. “As we have suggested in the past, there is serious reason to believe that a statute sweeps too broadly when it prohibits a game that is essentially an interactive, digital version of the Odyssey.”

States and communities that have so far considered and then rejected similar legislation include Washington state, Indianapolis, Ind., and St. Louis County, Mo.

Copyright © 2025 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Age Verification Watch: Patching the Holes

This roundup provides an update on the latest news and developments on the age verification front as it impacts the adult industry.

Ofcom Fines OnlyFans Parent Company Over Inaccurate Age Verification Reporting

U.K. communications regulator Ofcom has fined OnlyFans parent company Fenix International Ltd. $1.36 million for inaccurate reporting of its age verification measures.

Irish Government Releases Report on Sex Work Decriminalization Legislation

The Irish government has released a report reviewing a 2017 law that decriminalized sex work across the country.

Texas Bill Would Require Age Verification for Online Sex Toy Sales

A new bill in the Texas state legislature would require online retailers to implement age verification of purchasers before selling “obscene devices” to anyone in that state.

Age Verification Watch: Michigan Joins the AV Club, Some Laws Just Make No Sense

This roundup provides an update on the latest news and developments on the age verification front as it impacts the adult industry.

Free Speech Groups Back SCOTUS Appeal of Georgia Strip Club Tax

Two civil liberties organizations filed an amicus brief Tuesday supporting a petition asking the U.S. Supreme Court to hear an appeal in a case involving whether a tax specifically aimed at adult entertainment establishments violates the First Amendment.

Swedish Court Rules LELO Products Do Not Infringe 'Invalid' Satisfyer Patent

A Swedish district court has ruled that a patent filed by Satisfyer parent company EIS GmbH is not valid, and therefore three products from pleasure brand LELO are not in violation.

North Dakota House Committee Questions Anti-Porn 'Public Health Hazard' Claim

The North Dakota House of Representatives Education Committee on Monday amended a resolution that would have recognized pornography as a “public health hazard,” instead replacing that language with a call for further study into whether such a designation is appropriate.

Wyoming Governor Signs Age Verification Law

Wyoming Governor Mark Gordon signed the state's new age verification bill into law yesterday.

Florida Bill Would Auto-Filter Porn for All Users, Not Just Minors

Florida lawmakers have introduced legislation to require manufacturers to equip tablets and smartphones with a filter that would prevent all users from accessing material deemed harmful to minors, to be automatically enabled on devices activated in that state.

Show More