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Judge Strikes Down Violent Video-Game Law



Laws designed to 'protect' minors from violent video games are being torn down in court rooms all around the country. The latest (warning: PDF) being Oklahoma's law which set up $1,000 fines for those selling or distributing violent video games to minors. But, like laws in California, Michigan, Minnesota, Washington, Illinois, and Louisiana, the Oklahoma legislation was found to be unconstitutional on the grounds that video games are a protected form of free speech no matter how violent, vulgar or just plain bad they might be.

Unlike some of the other decisions mentioned, the Oklahoma ruling was not just a victory for free speech; it was also a rather brutal denunciation of the rationale behind these laws. Along with her ruling, U.S. District Court Judge Robin Cauthron stated that, "[The] argument that 'common sense' dictates that playing violent video games 'is not good for children,' [...] completely fails."

However, this latest ruling doesn't exactly mean that freedom of speech for video games is intact. Take, for example. the recent flap over the video game, 'Manhunt 2' by Rockstar, publisher of the 'Grand Theft Auto' series. The game was deemed so brutally violent (disclosure: the first 'Manhunt' is one of our all-time favorites) that the Entertainment Software Ratings Board gave it an Adults Only rating. Both Sony and Nintendo vowed to never allow the game on any of its game consoles. That left Microsoft, except an Xbox 360 or PC version of the game would never have made it on store shelves since no major retailer carries AO-rated games. Ditto for a game that's unrated, which essentially makes the voluntary rating process not such a voluntary one at all. Rockstar ended up tucking its freedom of speech between its legs and re-made the game, making it far less violent in order to achieve an M rating.

So, repeal all of the video-game violence laws you want -- we're all for it. But, until things change from within the gaming industry itself, censorship will continue to prosper.

From Joystiq

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Tags: law, politics, video games, VideoGames, violence

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