
In a major win for the video game industry and Free Speech, the United States Supreme Court has struck down California's game law. It was a 7-2 decision, ruling that California's law forbidding the sale or rental of violent games to minors do not comport with the First Amendment. In short: The Game industry won.
The 92-page decision boils down to the following passage:
"This country has no tradition of specially restricting children’s access to depictions of violence. And California’s claim that 'interactive' video games present special problems, in that the player participates in the violent action on screen and determines its out-come, is unpersuasive."
"We are thrilled by today's news," said Jennifer Mercurio, VP & General Counsel of the Entertainment Consumers Association in a a statement. "We had hoped that we would see this decision, and it's been a long time coming. That being said, there will probably be one or two legislators who attempt to test these new parameters, and the ECA will continue to fight for the rights of entertainment consumers."
The decision, written by Justice Antonin Scalia, regarded by many as the most conservative member of The Court, lays out an argument that acknowledges that research into the "harm" done by video games to minors shows only correlation, not causation, and so is not convincing. It also points out the level of violence contained in classic works of literature like The Odyssey, The Inferno, and even Grimm's Fairy Tales, as well categorizing California's attempt to regulate video games as "the latest episode in a long history of failed attempts to censor violent entertainment for minors."
Also discussed: The history of attempts to classify "new" forms of speech as special classes of protection. The Court has ruled that games are not "qualitatively different from other portrayals of violence" even though they are interactive.
Dissenting opinions were offered by Justices Clarence Thomas and Stephen Breyer, generally regarded as members of the court's right and left wings, respectively.
Justice Clarence Thomas' dissent lays out an argument that U.S. history clearly shows that the founders of our nation believed in the absolute authority of parents over their minor children. Summed up by:
"I am sure that the founding generation would not have understood 'the freedom of speech' to include a right to speak to children without going through their parents. As a consequence, I do not believe that laws limiting such speech—for example, by requiring parental consent to speak to a minor—abridg[e] the freedom of speech.”
Justice Breyer's dissent points out his belief that the California law at issue would not have created a new category of speech, and that it is already illegal to sell material depicting nudity to children. Further, according to Breyer, the law "prevents no one from buying a video game... all it does is prevent a child or adolescent from buying, without parental assistance, a gruesomely violent video game of a kind that the industry itself tells us it wants to keep out of the hands of those under the age of 17."
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Comments
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FuzzofPekinopolis
Just wanted to say that my previous comment was not given much cred. Have any of you been watching the news, reading the paper, or doing anything else other than playing games. Exactly what I said is a real possibility.
RelicCastle
Personaly I do not understand what the hell does preventing minors under 18 years old from access to games that are made for adults over the age of 18 years old has to do with the First amendment????Obviously the game designers are not making the M rated games for children under 18 years old so why the hell would a law preventing minors from access to m rated games have anything to do with the first amendment????It is beyond my comprenhension!!!
jkilldit
awww yea
Cole_95354
So in other words, California, The supreme court just took a steaming pile on your 92-page law basically saying, NO make the damn parents read the label.
Ch@rlie
Go conservatives!
JMann_420
Look at that,Something the courts didn't f@&$ up.
Chris13579
Most games aren't that bad but it shouldn't be that detailed like pulling out someone's brain. That's too nutty. GTA is not that extreme.
crocodilius
i would love to take a gavel to an xbox, but only if i cant find a real hammer.
Pillowfire
Being a great parent is about giving your kids a chance to grow. If you cushion them from the world, they grow up soft and expect cushioning. Yet, life does not offer cushioning. Taking away a violent video game from a 12 year old is like a caveman refusing to teach his 8 year old how to hunt and kill because "he is too young for violence."
Bull. Violence, sex, war, conflict-these are all aspects of the world we live in. They are reality. And to refuse kids the chance to discover them is to deny them the chance to observe reality, unfiltered and real. You want to raise delusional kids?
How about: "Son, you will one day have sex with beautiful women. You should learn to enjoy it. Here, let me explain how the human body works, and let me clear up any confusion you may have. Also, let me pass on my experience and save you some learning time."
Or "Son, you are an individual with your own wants and desires, how about you decide if you like books, movies, video games, etc. How about you find what you like, rather than society telling you what you should like."
And guess what? As a parent you should also be encouraging your kids to read, to learn, to discover about the world. But ruling with an iron fist and denying kids the chance to explore and learn is retarded. There is a fine line to walk between parenting and guarding from danger, like keeping your kids away from drugs, criminal activity, etc. and letting them find out exactly the type of world we live in, and to develop their abilities to interact with it and to get what they want in life.
As my Dad told me: "You want to go to college, it's up to you. I won't force you. But I cannot afford to support you forever, and you will need to save up money for college." He also told me the same about a car. "You want it, do what you need to do to get it. Start taking responsibility for your actions. You don't like working a minimum wage job? Now you know what it feels like, and hopefully this will give you initiative and a drive to rise above it, to learn the skills you need to get a better job, to find a purpose in life."
It's your life, and you should get to live it, without everyone babysitting you excessively, denying you the chance to screw up and make mistakes and learn from them, teaching you that you "can't do this, can't do that" even though you probably could, and do it well too.
Why are guys unsuccessful in life? Because somewhere along the way they decided they couldn't, or needn't bust their ass and take success. Same goes for everything, including success with women. People are cushioned from the realities of life, is it any wonder people hit the pavement head-first when they become adults?
jpcan1701
Its sad that it had to come to this. I am glad for the video game industry, but disappointed that California parents have to be told by their government how to raise their kids. The real issue with this law is where to draw the line. I agree that books (Bible included) can be overly violent, but its one thing to read it, and another thing to actually show it in a gruesome manner. If games were realistic about the blood, no one would by them. But at the same time, I think parents need to be more realistic with their kids and let the kids know the difference between fact and fiction.
UnDeadAngel
YAY VIDEO GAMES!!!!
Silky08
Victory to gamers! Victory to games! Long live the entertainment gaming industry!
DeathWarrant413
I'm 18, don't really care, however it would be nice if there would be more parents that would pay attention to what their kids are playing like when I was a little kid... would make playing online games so much more entertaining without the annoying 10 year old Jimmy screaming and making comments that he shouldn't know until he is in high school.
LiLGamer7
No kid under the age of 12 should play M rated games. Thats what they need to rule in the US. A 10 year old plays GTA SA and he got locked up for that influence
shadowcaster10
they fail to say that games are just a from of expression of feeling thats how i see games..a mix of feelings and they want to stop that...then i just say for them to stop breathing..
davidmastertkd
nononon the supreme court got humiliated we won Victory.......:)
davidmastertkd
we won that's it :)
Atzil
Video games don't kill people, people kill people.
Reciprocity ShowHide(1 Reply)
None of you have any clue. This didn't do anything for you, as a gamer. That is, unless you are ok with kids watching porn. God of War III - Aphrodite. Need I say more?
macross2012
WE WIN
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