ENTERTAINMENT SOFTWARE ASS'N v. SWANSON

No. 06-3217.

519 F.3d 768 (2008)

ENTERTAINMENT SOFTWARE ASSOCIATION; Entertainment Merchants Association, Appellees, v. Lori SWANSON, in her official capacity as Attorney General of the State of Minnesota, Appellant. American Booksellers Foundation for Free Expression; Association of American Publishers, Incorporation; Comic Book Legal Defense Fund; Freedom to Read Foundation; Magazine Publishers of America; Motion Picture Association of America, Incorporated; National Association of Theatre Owners, Inc.; Publishers Marketing, Publishers Marketing Association; Recording Industry Association of America; National Association of Recording Merchandisers, Not Parties-Amici on Behalf of Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: March 17, 2008.


Attorney(s) appearing for the Case

Jennifer L. DeKarske, argued, Michael J. Vanselow, AAG, on the brief, St. Paul, MN, for Appellant.

Katherine A. Fallow, argued, Washington, D.C., Paul M. Smith, Duane C. Pozza, Matthew S. Helman, Washington, D.C., James E. Dorsey, Jennifer A. Kitchak, Minneapolis, MN, on the brief, for appellees.

Michael A. Bamberger, on the brief, New York, NY, filed amicus brief on behalf of appellees.

Before WOLLMAN, SMITH, and BENTON, Circuit Judges.


WOLLMAN, Circuit Judge.

The State of Minnesota appeals from the district court's1 grant of a permanent injunction against the enforcement of section 325I.06 of the Minnesota code, which prohibits minors from purchasing or renting video games bearing a "Mature" or "Adult Only" rating. We affirm.

I.

On May 31, 2006, the Governor of Minnesota signed the Minnesota Restricted Video Games Act ("the Act") into law. The Act provides...

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