The gathering national movement to restrict the sale of explicit video games to minors took a stumble Wednesday when a federal judge in Michigan allowed a preliminary injunction that will at least temporarily prevent the state from enforcing such a law.

The Michigan law had been set to go into effect on December 1, making it a crime for retailers to sell "sexually explicit" or "ultra-violent" video games to minors. First-time violators would be fined a minimum of $5,000 and face up to 93 days in prison (see "Political Battles Against Video Games Heating Up Across The Nation"). The law will now be enacted only if the state of Michigan can prove the bill's worth in court.

In explaining his decision to grant an injunction, Judge George Caram Steeh wrote that the legislation would probably run afoul of the First Amendment's protection of free speech. He wrote that it would "likely have a chilling effect on adult expression" and would likely result in "self-censoring by game creators, distributors and retailers, including ultimately pulling T- and M-rated games off store shelves altogether."

Douglas Lowenstein, president of the Entertainment Software Association, the gaming trade group that led the move for the injunction, said he was pleased at the development. "Rather than continuing to play politics and pursuing this case to its inevitable defeat, further wasting Michigan taxpayers' dollars along the way, we hope the state will start to join us in a common effort to take steps that actually help parents raise their kids in a healthy and safe way," he said in a statement.

As far as Michigan is concerned, the fight isn't over yet. "This was not an unexpected development, and it is simply just one step in the process of litigating a very important issue," said Liz Boyd, a spokesperson for Michigan Governor Jennifer Granholm. "The governor remains very committed to this issue and protecting Michigan's children." Boyd declined to comment on the First Amendment concerns raised by Judge Steeh.

Gaming industry leaders had complained that such a law would hold games to a different standard than other forms of entertainment, but state legislators said games have a unique potential for sparking violent, aggressive or asocial behavior in minors.

Judge Steeh cast doubt on that reasoning. Indicating that he was unimpressed with the scientific research provided by Michigan lawyers on the matter, he wrote that it "is unlikely that the state can demonstrate a compelling interest in preventing a perceived harm."

He also echoed long-running criticism that laws like the Michigan one don't clearly indicate which games would be illegal to sell to kids. Pointing out that the law put the responsibility on the shoulders of game retailers, he noted that few had the time to play games to completion in order to determine if they contain the objectionable content described in the law. And even if they had the time, the judge said some owners just might not have the gaming chops to figure it out. "Very few experienced video [game] players can successfully reach the highest levels of many games in order to view their content."

As a result of these concerns, the law will now be subject to a hearing in federal court, rather than taking effect at the beginning of next month.

Michigan followed Illinois as the second state this year to pass legislation that would criminalize the sale of explicit games. California Governor Arnold Schwarzenegger added his state to that list last month.

The gaming industry, led by ESA, has been quick to challenge these laws on the free-speech and scientific grounds addressed by Judge Steeh. In recent years, similar challenges had helped block legislation in the state of Washington and St. Louis.

The news from Michigan is the first public sign of how the courts may respond to this year's spate of legislation.