Video Games Qualify for First Amendment Protection

Post » Tue Jun 28, 2011 9:37 am

http://www.ifc.com/news/2011/06/the-us-supreme-court-grants-vi.php
California's argument would fare better if there were a longstanding tradition in this country of specially restricting children's access to depictions of violence, but there is none. Certainly the books we give children to read--or read to them when they are younger--contain no shortage of gore. Grimm's Fairy Tales, for example, are grim indeed. As her just deserts for trying to poison Snow White, the wicked queen is made to dance in red hot slippers "till she fell dead on the floor, a sad example of envy and jealousy." The Complete Brothers Grimm Fairy Tales 198 (2006 ed.). Cinderella's evil stepsisters have their eyes pecked out by doves. Id., at 95. And Hansel and Gretel (children!) kill their captor by baking her in an oven. Id., at 54.


High-school reading lists are full of similar fare. Homer's Odysseus blinds Polyphemus the Cyclops by grinding out his eye with a heated stake. The Odyssey of Homer, Book IX, p. 125 (S. Butcher & A. Lang transls. 1909) ("Even so did we seize the fiery-pointed brand and whirled it round in his eye, and the blood flowed about the heated bar. And the breath of the flame singed his eyelids and brows all about, as the ball of the eye burnt away, and the roots thereof crackled in the flame"). In the Inferno, Dante and Virgil watch corrupt politicians struggle to stay submerged beneath a lake of boiling pitch, lest they be skewered by devils above the surface. Canto XXI, pp. 187-189 (A. Mandelbaum transl. Bantam Classic ed. 1982). And Golding's Lord of the Flies recounts how a schoolboy called Piggy is savagely murdered by other children while marooned on an island. W. Golding, Lord of the Flies 208-209 (1997 ed.).


Of course, the Yee's office disputes the decision, saying:
"Unfortunately, the majority of the Supreme Court once again put the interests of corporate America before the interests of our children," said the law's author, Senator Leland Yee (D-San Francisco). "As a result of their decision, Wal-Mart and the video game industry will continue to make billions of dollars at the expense of our kids' mental health and the safety of our community. It is simply wrong that the video game industry can be allowed to put their profit margins over the rights of parents and the well-being of children."

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jasminε
 
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Post » Tue Jun 28, 2011 10:05 am

Well, no surprise there.
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YO MAma
 
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Post » Tue Jun 28, 2011 11:38 am

Its also on Steam and It links to:http://www.supremecourt.gov/opinions/10pdf/08-1448.pdf


ㄣ??ㄣ6?#?s??


I don't see why people complain about video game violence when there are countless numbers of movies out there that depict large battles or gunfights where people are torn to pieces by the tools of war. Haters gonna hate.

THIS!
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Kevin S
 
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Post » Tue Jun 28, 2011 6:56 am

I don't see why people complain about video game violence when there are countless numbers of movies out there that depict large battles or gunfights where people are torn to pieces by the tools of war. Haters gonna hate.
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Matthew Aaron Evans
 
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Post » Tue Jun 28, 2011 2:57 pm

Honestly, I supported the law. All it really did was criminalize the sale of violent games to minors. Not in general, to minors. As a parent, I think certain games do need to be kept out of children's hands. If some guy at Gamestop sold my son Duke Nukem Forever, or something equally offensive and inappropriate, I'd want him thrown in jail too.
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Ben sutton
 
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Post » Tue Jun 28, 2011 3:57 pm

Well it seems we'll have to show them some of the old ultra-violence then, that'll back them off of regular old violence.
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Michelle Serenity Boss
 
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Post » Tue Jun 28, 2011 8:13 pm

I don't see why people complain about video game violence when there are countless numbers of movies out there that depict large battles or gunfights where people are torn to pieces by the tools of war. Haters gonna hate.

I've always thought it was more about causing the death and destruction in a game, rather than just passively watching it.
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TWITTER.COM
 
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Post » Tue Jun 28, 2011 5:07 pm

Honestly, I supported the law. All it really did was criminalize the sale of violent games to minors. Not in general, to minors. As a parent, I think certain games do need to be kept out of children's hands. If some guy at Gamestop sold my son Duke Nukem Forever, or something equally offensive and inappropriate, I'd want him thrown in jail too.

What about Lolita ? Should that be kept out of minor's hands because of its nature?
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Brooke Turner
 
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Post » Tue Jun 28, 2011 4:59 am

As a result of their decision, Wal-Mart and the video game industry will continue to make billions of dollars at the expense of our kids

i guess that was their hidden agenda, if they really want to hurt wal-mart and ban video games they should try to do it a better way or try acting like parents
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Megan Stabler
 
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Post » Tue Jun 28, 2011 9:01 am

Honestly, I supported the law. All it really did was criminalize the sale of violent games to minors. Not in general, to minors. As a parent, I think certain games do need to be kept out of children's hands. If some guy at Gamestop sold my son Duke Nukem Forever, or something equally offensive and inappropriate, I'd want him thrown in jail too.

actually, they do make it a policy at gamestop and even wal-mart that they will not sell you an M-rated game unless you are over 17, or have a parent with you that allows it. Of course, these are extremists we are talking about that look at a super mario game and say it is too violent.
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Shae Munro
 
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Post » Tue Jun 28, 2011 7:39 am

Honestly, I supported the law. All it really did was criminalize the sale of violent games to minors. Not in general, to minors. As a parent, I think certain games do need to be kept out of children's hands. If some guy at Gamestop sold my son Duke Nukem Forever, or something equally offensive and inappropriate, I'd want him thrown in jail too.


It's more an issue of the kind of precedent it sets. Neither the ESRB nor the MPAA have any kind of legal standing in any state in the US and it's up to the retailers and the parents to enforce them. In my honest opinion, this practice helps encourage good parenting. I don't like the idea of the government parenting peoples' children. And if this kind of precedent is set by giving ratings legal standing, that'll just do more to encourage pro-censorship people like Leland Yee.
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Add Me
 
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Post » Tue Jun 28, 2011 4:28 pm

I actually don't understand the problem with law. In Ireland, we have age ratings on games, the same as with movies. If somebody tries to purchase a game (or movie) that has an age rating older than they are, they're refused. Their parents would then have to buy the game for them.

This system puts the power to restrict what minors view firmly into the hands of the parents, where it belongs. It also stops people having ridiculous knee-kerk reactions to controversial games. Honestly, nobody in Ireland gives a crap about killing prosttutes in GTA or the No Russian level in MW2.

EDIT: I want to add that I don't for a second think that violent media has any tendacy whatsoever to make a person violent, mentally disturbed, a sociopath, etc. But I do think that a child's upbringing is solely the parents responsibility, and the age they should let their kids experience advlt media is entirely up to them.
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LuCY sCoTT
 
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Post » Tue Jun 28, 2011 8:50 am

I'm against censorship on the whole, but I think this is the wrong decision. There are certain games, like manhunt, that kids shouldn't be allowed to play unless their parents have seen the content and honestly think their kids are ready for it (of course, this then opens the question about whether parents are really paying attention).

Holding stuff back from minors to me isn't the "bad" kind of censorship (as long as parents can override), and is ok to me.

On the other hand, there are some games, like manhunt, that should never have been released (just because it was a terrible game, if advlts want to play violent games, thats their business).
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Sista Sila
 
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Post » Tue Jun 28, 2011 5:03 am

Honestly, I supported the law. All it really did was criminalize the sale of violent games to minors. Not in general, to minors. As a parent, I think certain games do need to be kept out of children's hands. If some guy at Gamestop sold my son Duke Nukem Forever, or something equally offensive and inappropriate, I'd want him thrown in jail too.

It put violent video games in the same legal bin as pormography. And GS and other stores usually will card people purchasing an M-rated game. They sometimes card me (I suppose I should be flattered that they think I'm so young). Even R-rated movies aren't considered porm! If you are going to CRIMINALIZE the sale of an M-rated game (no matter why it is M-rated - e.g. just some alcohol references and language, or some truly disturbing gore, blood, profanity, and nudity), then you might as will CRIMINALIZE the sale of R-rated movies, or books that have six or violence or bad language in them. Oh! For that matter, why don't you CRIMINALIZE any website that is "offensive and inappropriate". And let's take out all those art paintings with the naked women, too. The governments only bothers to raid child-porm sites, they don't even try to take down advlt porm. And yet you want them to CRIMINALIZE the sale of a medium of expression and speech?

Even if your kid was able to buy Duke Nukem game, it isn't like you couldn't take it away - you're the parent, you make the rules. :batman:
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Miragel Ginza
 
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Post » Tue Jun 28, 2011 5:03 am

"Unfortunately, the majority of the Supreme Court once again put the interests of corporate America before the interests of our children," said the law's author, Senator Leland Yee (D-San Francisco). "As a result of their decision, Wal-Mart and the video game industry will continue to make billions of dollars at the expense of our kids' mental health and the safety of our community. It is simply wrong that the video game industry can be allowed to put their profit margins over the rights of parents and the well-being of children."

How about parents DON'T buy their kids these games? That would require them to be parents though. :rolleyes:

What a moron.
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Farrah Barry
 
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Post » Tue Jun 28, 2011 9:05 am

I'm against censorship on the whole, but I think this is the wrong decision. There are certain games, like manhunt, that kids shouldn't be allowed to play unless their parents have seen the content and honestly think their kids are ready for it (of course, this then opens the question about whether parents are really paying attention).

Holding stuff back from minors to me isn't the "bad" kind of censorship (as long as parents can override), and is ok to me.

On the other hand, there are some games, like manhunt, that should never have been released (just because it was a terrible game, if advlts want to play violent games, thats their business).


The thing is though, with modern-day consoles, parents don't really have an excuse anymore. All three consoles in this generation have extremely user-friendly parental controls that take about 2 minutes to set up. PCs can do pretty much the same thing with user account settings.

There would be no need to even suggest a law like this if people didn't take said 2 minutes to parent their kids.
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Danial Zachery
 
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Post » Tue Jun 28, 2011 4:42 pm

It isn't the government's place to tell parents what to buy and what not to buy for their kids. Government is there to protect us from hostile invasions and violence from criminals. Even if your kid was able to buy Duke Nukem game, it isn't like you couldn't take it away - you're the parent, you make the rules


The law isn't preventing parents from buying these games for their kids. That I would oppose; I think any sane person would. The law is preventing minors from purchasing these games themselves, without their parents consent.
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FoReVeR_Me_N
 
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Post » Tue Jun 28, 2011 3:19 pm

The law isn't preventing parents from buying these games for their kids. That I would oppose; I think any sane person would. The law is preventing minors from purchasing these games themselves, without their parents consent.

The law would throw the person who sold the game into jail. And how long do you think it would take before there's a law that criminalizes a parent allowing a minor to play one of these "terrible horrible violent video games"?
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Arrogant SId
 
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Post » Tue Jun 28, 2011 6:47 pm

The law would throw the person who sold the game into jail. And how long do you think it would take before there's a law that criminalizes a parent allowing a minor to play one of these "terrible horrible violent video games"?


Yep, that's the precedent, it's about time my state woke the hell up.
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Lew.p
 
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Post » Tue Jun 28, 2011 9:50 am

YAY!

I want murder,scandals, torture, and gore in all my forms of media!

WOOHOO!
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Natalie J Webster
 
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Post » Tue Jun 28, 2011 2:14 pm

http://www.escapistmagazine.com/videos/view/extra-credits/1961-Free-Speech

Well, according to that guy.
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P PoLlo
 
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Post » Tue Jun 28, 2011 3:15 pm

The law would throw the person who sold the game into jail.


It's the law I don't have a problem with. The punishment I do however. The retailer should be fined and the individual employee reprimanded as their employer sees fit.

And how long do you think it would take before there's a law that criminalizes a parent allowing a minor to play one of these "terrible horrible violent video games"?


The law in Ireland has been that if you're not as old the number on the box, you can't buy it. I'm aware that America has some vague rating system that doesn't work like that, but my point is that I think this is something Ireland (and the UK) got right. The law has been this way for decades, and we've never seen any sign of any craziness seeping in like what you suggested.
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Paula Rose
 
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Post » Tue Jun 28, 2011 2:25 pm

The law in Ireland has been that if you're not as old the number on the box, you can't buy it. I'm aware that America has some vague rating system that doesn't work like that, but my point is that I think this is something Ireland (and the UK) got right.


Most retailers enforce the rule that if you aren't old enough to buy the game, you can't without a parent agreeing to it or buying it for you.
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Da Missz
 
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Post » Tue Jun 28, 2011 11:58 am

Most retailers enforce the rule that if you aren't old enough to buy the game, you can't without a parent agreeing to it or buying it for you.


So basically, if the law had passed, the only real difference would be that retailers could be punished more harshly?
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Shelby McDonald
 
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Post » Tue Jun 28, 2011 2:42 pm

So basically, if the law had passed, the only real difference would be that retailers could be punished more harshly?


And, according to some, it could've been used as precedent for more harsher, broader laws. This is why you had multiple entertainment companies standing up against it.

The objection to the law has very little to do with the law itself, but rather what the law could allow to happen.
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sally coker
 
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