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  • Video games ruled protected speech

    http://kotaku.com/5815863/video-game...peech-now-what

    Ending a years-long battle with California legislators, the U.S. Supreme Court this week ruled that video games are protected free speech and that their sale to minors can't be criminalized.
    Dude, seriously, WHAT handkerchief?

    snooggums' density principal: "The more dense a population, the more dense a population."

    Iliana: "You're a great friend but if we're ever chased by zombies I'm tripping you."

  • #2
    Re: Video games ruled protected speech

    Ending a years-long battle with California legislators, the U.S. Supreme Court this week ruled that video games are protected free speech and that their sale to minors can't be criminalized.
    As it should be.
    "Nemo Saltat Sobrius, Nisi Forte Insanit"

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    • #3
      Re: Video games ruled protected speech

      We continue to give the market almost complete freedom to influence the mind's of children. I am far from convinced that our culture is not seriously harmed by the type of entertainment products we permit corporations to sell.
      sigpic

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      • #4
        Re: Video games ruled protected speech

        Only corporations? So it's okay if an indie publishes the same stuff?

        Should children be sheltered from challenging information? Who will be the gatekeeper that decides what information is too dangerous to allow them its experience?

        What is the nature of the "harm"? Is the harmed person complaining, or is the issue one of secondary effects on 3rd parties? Surely if you can show harm, then tort is available to address it.
        Dude, seriously, WHAT handkerchief?

        snooggums' density principal: "The more dense a population, the more dense a population."

        Iliana: "You're a great friend but if we're ever chased by zombies I'm tripping you."

        Comment


        • #5
          Re: Video games ruled protected speech

          Turns out I played all sorts of videogames as a teenager and I didn't:

          a. Commit Rape
          b. Commit Murder
          c. Commit any other felony, or even a misdemeanor.
          d. Turn out a disgusting drug addict
          e. Turn out without morals

          As it turns out I seemed to have a somewhat decent upbringing and a decent public education. All while I was beating prostitutes with baseball bats in GTA games.

          I mean, if we're gonna say that video games negatively influence society, what about the internet huh? We should probably ban 4chan, as it obviously has corrupted countless.
          Skud


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          • #6
            Re: Video games ruled protected speech

            It is not the medium itself that has an effect upon us. It is the context in which media is consumed which most determines media effects, and not all contexts are equal.
            sigpic

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            • #7
              Re: Video games ruled protected speech

              That's a rather blanket statement - you should probably provide an example of where the context is good and where the context is bad.
              Skud


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              • #8
                Re: Video games ruled protected speech

                Shouldn't the parent play a key role in what the child sees and does until they are mature enough to make their own decisions. My parents were the types of people who let me do whatever I wanted once, and if it backfired, they would show me why things went wrong. I learned from what happened and moved on. They let me play any of the violent video games I wanted since I worked and saved the money myself. I consider myself very well adjusted, I don't smoke, drink, or do drugs. I have no criminal record and I engage in athletics to keep my body healthy. I'm surrounded by those who drink and smoke dope, yet that environment hasn't made me want to join in.
                |TG-6th|SirNerd

                My Resume includes Pirate, Mercenary, and a Devil Dog, what else do you want.

                Pain is Inevitable, Suffering is Optional.

                When you can't run anymore, you crawl and when you can't do that, you find someone to carry you.

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                • #9
                  Re: Video games ruled protected speech

                  Originally posted by E-Male View Post
                  It is not the medium itself that has an effect upon us. It is the context in which media is consumed which most determines media effects, and not all contexts are equal.
                  Well yes, but until Fox News is shut down, I don't think that's bound to change anytime soon.

                  Comment


                  • #10
                    Re: Video games ruled protected speech

                    Originally posted by Sir-Nerd View Post
                    Shouldn't the parent play a key role in what the child sees and does until they are mature enough to make their own decisions. My parents were the types of people who let me do whatever I wanted once, and if it backfired, they would show me why things went wrong. I learned from what happened and moved on. They let me play any of the violent video games I wanted since I worked and saved the money myself. I consider myself very well adjusted, I don't smoke, drink, or do drugs. I have no criminal record and I engage in athletics to keep my body healthy. I'm surrounded by those who drink and smoke dope, yet that environment hasn't made me want to join in.
                    This is where the ruling went. The problem with the California law was it would make it a LEGAL offense to sell a videogame to a minor. It's NOT a LEGAL offense for a minor to have access to a rated R movie (or even an NC-17 movie), the latest Xibit CD, or anything else, but if a 17 year old had GTA the store owner/clerk/parent could legally be fined and brought up on corruption of a minor charges, etc.

                    Currently, the MPIA, RIAA, and ESRB are voluntary guidelines and industry standards. There are no legal backings to any of them. Police can't set up a sting outside of your local cinema and arrest the ticket counter if they sell a ticket without checking for ID any more than a mall Gamestop employee can be arrested for selling a rated M game to him. The California law made it so.

                    <04:11:24> *** You are now talking in channel: "TFP - Task Force Proteus"
                    <04:16:25> "|TG-XV| Tralic": this channel is so gay
                    DICE needs to make a comical boxing glove attached to a spring punch the player in the face 40% of the time they get into a helicopter or jet.

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                    • #11
                      Re: Video games ruled protected speech

                      Report on the story, implemented as a violent video game.

                      Dude, seriously, WHAT handkerchief?

                      snooggums' density principal: "The more dense a population, the more dense a population."

                      Iliana: "You're a great friend but if we're ever chased by zombies I'm tripping you."

                      Comment


                      • #12
                        Re: Video games ruled protected speech

                        I foresee the Japanese being the first human beings to become cyborgs.

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                        • #13
                          Re: Video games ruled protected speech

                          Originally posted by KoopaTroopa View Post
                          I foresee the Japanese being the first human beings to become cyborgs.
                          That may be, but NMATV is Taiwanese ;)

                          <04:11:24> *** You are now talking in channel: "TFP - Task Force Proteus"
                          <04:16:25> "|TG-XV| Tralic": this channel is so gay
                          DICE needs to make a comical boxing glove attached to a spring punch the player in the face 40% of the time they get into a helicopter or jet.

                          Comment


                          • #14
                            Re: Video games ruled protected speech

                            The problem with the bill is that it singles out Video Games specifically. However the ESRB has done a fantastic job at policing itself. I don't know what rating system Canada uses to be honest but here in the US the ESRB is amazing. The truth is that most retail companies already have a policy in place that prohibits them from selling M rated video games to minors. Is it something that needs to be policed serving up jail time to a Gamestop employee? No. Is it something that will get him fired as it stands today? Yes.

                            Also just for statistics sake. This podcast has some good info:
                            http://www.gametrailers.com/video/ep...e-walls/717029
                            About 7 minutes in.

                            A bunch of tests are done all the time, sending kids into stores checking to see what exactly they can buy that they probably shouldn't. The latest figures from their study in April is as follows:
                            60% of kids could buy music with Parental Advisory stickers
                            40% of kids could buy R rated DVDs or Unrated DVDs. Yes that includes pretty much pornographic material.
                            30% of kids could buy movie tickets for R rated movies.
                            Only 13% of kids could get their hands on Video Games. Before you say wow 13% is still a bit high, it's not. It's incredibly low. Your town likely has higher crime statistics.

                            I can tell you from personal experience there has not been one M rated game I have not gotten carded for and I am well over the age of 18. I have been carded less for buying alcohol. Why are Video games the sole punching bag? The truth is both the Music industry and the Movie industry are carrying a hell of a lot of money and influence in government with Video games having very little representation by comparison. The whole bill was introduced and pushed for by one pissy legislator who was only trying to further his political reach (and no I'm not talking about Governor Brown or Arnold). It is too invasive for a state law with outrageous ramifications.

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                            • #15
                              Im pretty sure Canada uses the ESRB the same as the US does. Only difference being that our store is called EB Games ( Electronics Boutique). Before I turned 18 there was no way in hell I could get an M rated game. I think they do a great job as it is with policing the rules as far as age limits go. Im not sure how much, if at all this effects Canada, possibly a precedent in future cases but it really is an interesting decision.

                              I figure video games are easiest to make the scapegoat for underlying problems like poor parenting. Like Skud said, we've all played violent videogames...and no one hear seems to be a serial murderer or rapist (atleas..i hope not). For those kids that do try to reinact violent video games, i doubt very much its because they just want to. Most kids know the difference between right and wrong before they are teenagers, if they dont then the guilt lies with the parents. Its a nice thought really...for those parents to busy with other things to pay attention to their kids, to blame their childs only influence as the root of the issue.
                              sigpic


                              Do you really want invincible bears running around raping your churches and burning your women?

                              Intel i7 3930k @ 4.4ghz, 8gb RAM, 2x GTX 570 1gb, OCZ Vertex 3 120 gig SSD

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