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Before the California bill was signed into law, the ESA and the Video Software Dealers Association (VSDA), now known as the Entertainment Merchants Association (EMA), were preparing a lawsuit to overturn the law, fearing that the "violent video game" definition would affect many titles that the ESRB has otherwise labeled appropriate for younger players, and threaten to harm the video game industry.[20] The VSDA filed suit in the United States District Court for the Northern District of California and was later joined by the ESA. District Judge Ronald M. Whyte cited in his preliminary decision: "The plaintiffs have shown at least that serious questions are raised concerning the States' ability to restrict minors' First Amendment rights in connection with exposure to violent video games, including the question of whether there is a causal connection between access to such games and psychological or other harm to children."[14] In August 2007, Whyte ultimately ruled for the plaintiffs, holding that the law violated the First Amendment, and that there was an insufficient showing of proof that either video games differed from other media or that there was established causality between violent video games and violent behavior.[23].

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