Judge Agrees to Block New Video Game Law

[jefferson_dem]

SAN JOSE, Calif. - A federal judge has agreed to temporarily block a new California law banning the sale or rental of violent video games to minors.

U.S. District Court Judge Ronald Whyte said the Encino-based Video Software Dealers Association and the Washington, D.C.-based Entertainment Software Association "were likely to succeed" in their lawsuits arguing that the law violates free-speech rights.

At the least, "serious questions are raised ... including the question of whether there is a causal connection between access to such games and psychological or other harm to children," Whyte wrote in a ruling issued late Wednesday.

The law, which was set to go into effect Jan. 1, prohibits retailers from selling or renting violent video games to those 17 and under, imposes a $1,000 fine on violators and mandates stricter product labeling.

<SNIP>

http://news.yahoo.com/s/ap/20051222/ap_on_hi_te/video_game_lawsuit

[Realityhack]

1. I have always wondered...

If you are going to say you can not ban the sale of video games to children under a certain age on constitutional grounds... wouldn't the same go for violent movies?

[Exiled in America]

2. Violent television... violent music.... violent books.....violent comics..

How about some personal responsibility and parental guidance?

[ticapnews]

3. I argued this in a college paper 10 years ago and came to this conclusion

If you were a politician counting on votes to win an election, who are you going to blame:
Parents (read: voters) or "someone else"?
Kids are violent? Must be video games/movies/TV. It's Hollywood's fault! It's the Internet!

It's the same philosophy the GOP uses: Are you unemployed? Underpaid? Buried under a huge mortgage? It's the welfare queen! It's the liberal elite! It's the gays who want to get married! It's THEIR fault! Nothing bad that happens to you is your own fault.

Tell parents they are doing a bad job raising their kids and they will boot your ass out office so fast...

[proud2BlibKansan]

9. Good point

In the meantime while we argue about whose responsibility it is, kids still have access to violent media.

[saigon68]

14. That's how Cheney and the Chimp throw dirt to hide their Crimes

[zann725]

18. Where's those "family value" watchdog groups when you need 'em?

That new "Combat 2" video they've been promo-ing on TV lately scares the crap out of me. (And I see NO ONE boycotting that ...oddly enough?!!) It's clearly a recruiting "tool" to numb the kids into thinking similar REAL WAR violent, blow-up, dark and scarey scenes in let's say...the Mid-East situations are "exciting", and not the TRULY violent, mind-blowing, limb-eliminating real-life war horrors they really can be.

[pagandem4justice]

4. Key word: Causal

In order for the state (or other entity) to have standing to effectively "ban" something for a certain demographic (or in general), there must be a proveable, causal relationship between the product and the public (i.e., that targeted demographic). In this case, there has not been a conclusive, replicable (and this is another key word) study that concludes that there is a likely cause-and-effect relationship between "violent" games and childhood pathologies. In fact, these so-called "experts" can't even agree on the definition of "violent."

In other words, just another ploy for politicians to show the voters that they "care," based on more junk science thought up around a "sexy" topic for purposes of landing a grant.

[NoPasaran]

5. LA Times: Judge Halts Limits on Game Sales to Kids

A federal ruling that blocks California's ban on the sale of violent video games to children is the latest setback to lawmakers trying to clean up a medium that is increasingly graphic — and just as popular.

The preliminary injunction granted late Wednesday by U.S. District Judge Ronald M. Whyte delays implementation of a measure that would make it a crime to rent or sell games that "depict serious injury to human beings in a manner that is especially heinous, atrocious or cruel" to people younger than 18.

The law, written by Assemblyman Leland Yee (D-San Francisco) and signed in October by Gov. Arnold Schwarzenegger, was to take effect Jan. 1. Whyte, whose courtroom is in San Jose, blocked that until lawyers for the game industry and the state can argue whether the sales ban tramples free-speech rights.

In granting the injunction sought by the Entertainment Software Assn. and the Video Software Dealers Assn., Whyte concluded that the trade groups "are likely to succeed on the merits of their claim that the act violates the 1st Amendment."

http://www.latimes.com/technology/consumer/gamers/la-fi-games23dec23,0,121002.story?coll=la-home-headlines&track=morenews

[ayeshahaqqiqa]

6. Where are the parents?

Shouldn't the parents be the ones who regulate the video games their kids get?

I find it interesting that many of my friends, who are liberals and environmental activists, don't even have televisions, much less video game players. I've noticed that their kids seem less hyper, more fit, and more able to do work (like carpentry)-I think its because their time is spent doing things instead of just sitting around.

[proud2BlibKansan]

10. I teach in an elementary school and the kids you describe are NOT the norm

The vast majority play video games and would do so 24/7 if their families allowed them to. Most of them have also played the violent games that are supposedly not sold to kids.

[ayeshahaqqiqa]

11. I know those kids aren't the norm

Their parents moved to Newton County because they wanted to get away from commercialism. Most are artists and craftsmen, and most use solar energy for their electricity, etc, etc.

But my brother lives in a town in Illinois, is relatively conventional-and the family doesn't watch TV all that much, even though they have one. The kids are into dance and music-both graduated at the top of their classes, winning full scholarships to universities.

The problem seems to be those who have always used TV as a baby sitter and who think video gaming is ok....it doesn't have to be that way. It would be interesting to find out how many of the top scholars in school spend a lot of time with those electronic toys.

[Demockery101]

7. LA Times: Judge Halts Limits on Game Sales to Kids

whats more violent that our own governments wars? while I really don't think 10 year olds should be playing grand theft auto, this is just a diversionary subejct from the real graphic violence.

[Enraged_Ape]

8. And yet a kid under 18 can't buy a Playboy in California

God forbid a young teenager should (GASP!!!!) view an unclothed female!!

[MARALE]

12. We as a country are more afraid of sex than we are violence

It is so different than other countries. Why sex is taboo and violence is so prevelant is confusing to me. My son at 15 years old was into Japan and noticed this as well. He said that we have too much voilence and concentrate to much on not talking about sex. He is 17 now and is still a virgin, by choice. He is very mature in this aspect, he wants to wait for the right person. I think he is this way because we do talk about sex in a mature manner to him and my daughter. This needs to be something that we are not afraid to talk about. It will make the teenage years a lot easier if you know what is coming.

[Enraged_Ape]

13. I don't get it either. We have a sick fascination with violence.

I have a hunch that, as Michael Moore suggests in "Bowling for Columbine", we live in a culture that keeps us all under control by keeping us very afraid. Repeated exposure to violence helps reinforce that fear and that control. On the other hand, exposure to nudity and sex may actually give us something to feel good about and even look forward to. We might even start fully accepting ourselves as humans in the way the "creator" made us. And we just CAN'T have that. At least, not in this diseased society.

[Solon]

15. Actually that isn't really the case for video games though...

Japan is the source for many of these games, most video game producers are from there, their are also some French games, and a few American ones. We USians do have more hangups with sex, that is true, than most of the rest of the world, but they also don't give two rat's asses about violence either. Rate it so the kids can't see it, as a courtesy, and let the parents do the deciding. Pretty simple solution, but alas, not enough for wannabe Nazis.

[Solon]

16. This law is definately unconstitutional...

on First Amendment grounds. As of right now, there are no laws governing ratings systems for either Music or Movies, the MPAA and RIAA(WARNING:Explicit lyrics) rate these themselves, but the producers don't even have to go to them to have the movie or album rated or sold. However, for both movies and music, they do have to worry about venues. Movie producers, for example, prefer the MPAA rating system, and try to get a less than NC-17 rating, because Cinemas usually won't show any movies that are unrated or have an NC-17 or above rating. Wal-Mart won't sell music with an explicit lyrics sticker on it either, hence "radio edits" of songs sold at their stores. Yet in all cases, if a 13 year old was snuck into an R rated movie at the cinema, or goes and buys a movie or album with any age restricted material on it, there is not prosecution of the retailers for not bothering to ID them. The clerk or cashier may lose thier job, but they have no worries about fines or jail sentences due to this type of activity. Its not illegal in these cases, so why should it be only for video games? Besides which all cases of states passing laws trying to cover either movies or music have been overturned by the courts.

[tkmorris]

17. Lots of "where are the parents" comments

And that's fine, I am a firm believer in parental control in such matters. Just ask my kids.

However it seems to me that there is a certain hypocracy at work here. If it is up to parents to prevent their children from acquiring and playing such games, and there is no liability on the part of the retailers etc, than why does this not apply to other items deemed unsuitable for children? Why is an image of a breast actionable but brain splatters are just fine? Do we not hold retailers responsible when they sell products like tobacco and alcohol to minors?

It seems to me that a law like this one is the ultimate in making parents the final authority on whether their kids can play these games or not. Those who ask "whatever happened to parents controlling their kids?" seem to be missing the fact that this law virtually requires that parents do exactly that, at least when it comes to the games they play. Is it somehow lost on people that there are a great number of kids today who for myriad reasons cannot be watched 24 hours a day by a parent? Gone are the days when it was expected that one parent (Mom) was primarily a homemaker, available and in charge of their children's activities whenever they were not in school. For most households that lifestyle is a pipe dream at best.

We have created a society where increasingly children are both subject to lesser parental supervision and are given greater freedom by the world around them to make choices which in the past would have been quickly vetoed by a watchful parent. I don't think we can have it both ways.

[wickerwoman]

19. Hey Arnold,

I saw Terminator 2 six or seven times in the theater when I was 14. You didn't seem to have a big problem with taking my money then. Since you now realize how much harm violence does to minors, when are you going to start taking on the action film industry?