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PoV: US Supreme Court's ruling on violent video games is still a responsibility

Posted Jun 28, 2011 at 7:05AM EST by Mabie A.

Listed in: PSP, Wii, PS3, Nintendo DS, Xbox 360, PC Gaming Tags: California, opinion, us supreme court
Ó

The long contest over the legality of former Governor Schwarzennegger's 2005 bill disallowing those under 18 years of age to purchase video games with violent content have now been put to rest.

 

The US Supreme Court ruled it unconstitutional yesterday, on a vote of 7-2, based on the grounds that it defies the "basic principles of freedom of speech" as well as the First Amendment."

 

So said the ruling: "Video games qualify for First Amendment protection. Like protected books, plays and movies, they communicate ideas through familiar literary devices and features distinctive to the medium. And 'the basic principles of freedom of speech... do not vary' with a new and different communication medium."

 

"The most basic principle - that government lacks the power to restrict expression because of its message, ideas, subject matter, or content... is subject to a few limited exceptions for historically unprotected speech, such as obscenity, incitement, and fighting words. But legislature cannot create new categories of unprotected speech simply by weighing the value of a particular category against its social costs and then punishing it if it fails the test."

 

supeme-court

 

 

Apart from that, the Supreme Court also dealt with the issue of connecting video games and violent behavior. According to them, they did not find any conclusive link that will put video games responsible for a person's violent act.

 

"Any demonstrated effects are both small and indistinguishable from effects produced by other media. Since California has declined to restrict those other media, e.g., Saturday morning cartoons, its video-game regulation is wildly underinclusive, raising serious doubts about whether the State is pursuing the interest it invokes or is instead disfavoring a particular speaker or viewpoint."

 

This ruling of the Supreme Court definitely is a win for gamers everywhere. But inasmuch as it proves that it does fall under the protection of the First Amendment, it also reiterates the need for parents to make sure they give proper guidance to their underaged children, especially when it comes to the content that they are given access to. 

 

It is true, after all, that violence is not necessarily confined only to video games. Open the TV or the Internet and you see it automatically. Even the most classic literary books may contain violence. In fact, just step out of the house and odds are anyone are potentially exposed to violence. This is the reality that our society today faces. For a government to restrict freedom of speech on the sole probability that someone might get bad ideas is to be a step back.

 

Again, though, no right is fully absolved of responsibility. So if you choose to let your kids play with games containing violence - no matter the degree - then at the very least, instill in them the clear delineation that video game is fiction, and not everything they will see in media should be adhered to or emulated.

 

On that note, I am rather surprised we have not had Jack Thompson rising up in arms yet again over this.

 

 

 

Via [CVG]

 

 



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Comments 


 
# RE: PoV: US Supreme Court's ruling on violent video games is still a responsibilityHalohater1138 2011-06-28 10:48
My question is will gamestop, walmart, and the like still ask for ID "M" rated games now that legally minors can buy them.

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+1 # RE: RE: PoV: US Supreme Court's ruling on violent video games is still a responsibilityAssassinXCV 2011-06-29 02:45
considering that minors can LEGALLY buy them, i dont think they'd give a fuck since it's another sale for them.

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# RE: PoV: US Supreme Court's ruling on violent video games is still a responsibilitylordrand11 2011-06-28 11:07
Damn Mabie love the article. :D

Reply
 

 
# lrn2grammarTommy Jae 2011-06-28 12:08
I despise your articles, Mabie. I don't know why it is so difficult for you to get your plural and singular words straight, but it's a pretty straightforward concept.

If the word refers to more than one entity, the accompanying verb should show that.
If the word is only one thing, then the verb should reflect such characteristics .
In this article you said that "...odds are anyone are potentially exposed to violence."
The word "anyone" is a singular word.
"...anyone IS potentially exposed to violence."

I can't stand reading your articles because you always sound completely inept with your inability to use the right grammar. It's just annoying.
You lose all claims of coherent speech when you can't get something as simple as this down.

Reply
 

 
+2 # RE: PoV: US Supreme Court's ruling on violent video games is still a responsibilityhadoken 2011-06-28 12:19
yep, well iam almost 30 tattooed all over and they still ask me for an id when i buy a title rated 18 plus or ma,so if kids are playing these kind of games its their parents or older brothers that are buying and letting them play, thus if a kid grow up to be a psyco and kills a bunch of people thinking he/she is playing call of duty blame the parents and or siblings and not the company that makes it...

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