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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Reader Comments (Page 1 of 4)
buenotc said 5:33PM on 9-18-2007
yesssssss,i´m second....just say thanks to microsoft for giving us the opportunity to chose what we want..we want all the blood we can get...yes thats it.....
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davf625 said 5:37PM on 9-18-2007
Great language bobknot132 ……………JERK I can see you’re not effected by these types of video games!!! It’s a shame you can’t be censored (locked-up)
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Henry Holder said 5:39PM on 9-18-2007
Hey! Great idea! And while you're at it, why not just let the kids buy guns and teach them how to be terrorists, huh? Come on people! WAKE UP!!!!! What are you thinking!!?!
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William Lee said 6:06PM on 9-18-2007
I completely agree with this ruling. I'm sorry but the Idea that violent video games alone will turn children into "terrorists" (hey, Henry Holder, got any other totally inappropriate buzz words to throw out?) is total nonsense. I myself and lets see, 90% OF THE PEOPLE I grew up with played violent video games since we were about 5 and you want to know how many of us have ever commited a violent crime? NONE.
Children turn to violence ONLY when parents and teachers aren't there to tell them its wrong and just cause they can do it in a video game doesn't mean they can do it in real life. As long as parents are doing thier job a video game will not turn your kid homicidal, and the vast majority of parents ARE, because millions of kids play violent video games every day and the overwhelming majority of them don't turn out to be murders and "terrorists".
And another thing, people act like violence in children's entertainment is in any way a new thing. ELMER FUDD HAS BEEN SHOOTING DAFFY IN THE FACE WITH A RIFLE FOR DECADES AND NO ONE CARED ABOUT THAT!
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Lee said 6:09PM on 9-18-2007
Hasn't someone invented a device that allows your game set to play a AO game? It seems like they would sell these on the internet and not in stores and then a person would have to make a direct effort to get such a game and children wouldn't be exposed to it. It is like getting XXX videos use to be.
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catherine said 6:19PM on 9-18-2007
Parents are responsible for what their children purchase or watch. They're soppused to be the watchdogs not the government, unlees you want to live in a communist country
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Darius said 6:22PM on 9-18-2007
There's nothing wrong with violent themes in video games, unless the player is mentally unbalanced.
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catherine said 6:22PM on 9-18-2007
sorry about the spelling
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James Dome said 6:24PM on 9-18-2007
In the relatively near future those who like this violence and their enablers will get the real thing and then they can die and have it forever in hell.
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Souldude said 6:32PM on 9-18-2007
omfg who cares if kids want to play a game that is violent unless the enforce laws on kids themselves they will just keep playing besides people that cant mentally handle something like Manhunt should be watched by someone who got the game for them
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jordan said 6:38PM on 9-18-2007
seriously, these games cost 60 bucks, so if any kid can afford that id be shocked, so its the parents that buy the games!!!!!!!! im 26 and have all three systems, and i am married and i lift weights so im no dork, but if an adult wants to play a violent game so be it, but remember, these games cost alot of money and no ten or twelve year old can afford that alone!! food for thought.......people should shut their mouths when they know nothing but speak on everything.
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Larry said 6:47PM on 9-18-2007
These parents are morons. They are all pissy about a stupid video game because it's violent. There are 18 year old (kids)playing games in Iraq for real. Why don't you worry about those kids.
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jena said 6:48PM on 9-18-2007
Good gosh - what is wrong with AO video games? I wouldn't buy them for my kids and it is good to know they can't buy them on their own. We aren't talking about freedom of speech. We are talking about violent games that children shouldn't be able to decide for themselves they want to play.
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jena said 6:53PM on 9-18-2007
WTF does the war in Iraq have to do with video games, dumbass?
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Joey said 6:52PM on 9-18-2007
Why do parent have to rely on the goverment to control what their kids watch, listen to, eat, and games they play? I grew up playing "violent" video games. I never thought of beating someone with a baseball bat, shooting someone, or anything from any of those games. Why? because my parents raised me to know the difference between right and wrong. Blaming video games are just a way for bad parents to feel better about themself when their kid grow up to be an idiot...Same as how they blame McDonalds for their kid bring fat...Then agian it does seem to be the American Way. Blame your problems on someone else and sue them. People need to start taking personal responsibility for their own action and stop pointing fingers.
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jordan said 6:55PM on 9-18-2007
i agree with you jena, but rember its that same thought process that makes kids want them more instead of finding games made for their age that are also fun to play, in my experience, which is alot with gaming, the really violent and controversial games arent always that good anyways, so its another deal of over barring parents trying to protect their kids so when the kid grows up he can get a girl pregnant his freshman year of college and get a dui cause mommy has always been there to protect him from the real world.
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slmoto said 7:02PM on 9-18-2007
XD banning violent video games? Oh sure, while you're at it, ban violence in movies too! Come ON people that makes no sense. people play video games to do things they KNOW they wouldn't do in real life. It's up to the parents on whether they want their kids to play the games or not. If you don't want your kid to play violent games, then dont let him, but dont let others suffer because of your fears lol.
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Johanas Winfield said 7:06PM on 9-18-2007
Here's what I find interesting. I don't hear clamoring for people to keep children from playing lazor tag or paintball (live action war zone simulations). On the contrary, they have collegiate teams which offer scholarships for people who have grown up playing paintball and are good at it.
Children have always had a violent outlet in the form of games. Parents enroll kids into martial arts tournaments, since the 30's kids have set ambushes playing cowboys and indians, children for centuries have picked up sticks to swordfight, the boyscouts used to teach marksmenship; These violent recreational activities (including paintball and lazor tag), unlike video games hone the skills and increased the knowledge of what they emulate.
The arguement against video games is the same baseless arguement about violence(/sexuality) your parents(to the nth) made about rap, rock, short skirts, girl pants, Jazz, Poe, Vandelyn, Michealangelo, Theatre...
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Chris R. said 7:31PM on 9-18-2007
This is the right ruling for sure. Parents need to raise their children and stop expecting the media and video games to do it for them. And people need to realize that the video game industry stopped being exclusively for kids a long time ago. In fact, if you look at sales figures for X-Box and PS2 games you will see a slim majority are sold to, you guessed it, adults. The puritans need to focus on their own kids and stop expecting society to fit their little fantasy world and raise their kids for them.
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Matt847 said 8:07PM on 9-18-2007
The ratings system that the ESRB created was not made to put people behind bars or fine them if a M-rated game was sold to a minor. This is also true of R-rated movies. The movie industry never got any laws passed to fine a theater for selling R rated tickets to minors. Video games and movie industries have their own rating system to guide people. Parents (usually) keep their kid in the house untill they are 18. They should know whats going on in their kids life and if they don't think they should play M-rated games, they should tell their kids that they can't. The idea that the government wants to make an age limit for games just like there is for cigarrettes and alcohol is ludicrous.
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