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“This law will have a chilling effect on free speech. It will limit First Amendment rights not only for Illinois’ residents, but for game developers and publishers, and for retailers who won’t know what games can and cannot be sold or rented under this vague new statute,” said Douglas Lowenstein, president of the ESA, the trade group representing U.S. computer and video game publishers. “I’m confident the court will affirm our position. There is already a precedent-setting ruling from the Seventh Circuit, bbw which includes Illinois, establishing bbw the unconstitutionality of this type of statute – and the facts, the science, the law, and the U.S. Constitution have not changed since that decision.” Apart from the constitutionality of the law, the industry argues that the bill is bad public policy because it will substitute the government's judgment for parental supervision and turn retailers into surrogate parents in a misguided effort to help Illinois parents.
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