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Monday December 19, 2005 4:17 pm

Videogame Laws vs. The First Amendment




Posted by Brandon Gribin Categories: Corporate News,

ESRBThis weekend’s Wall Street Journal features a front-page article on current legislation of videogame laws. Many states throughout the country are currently enacting, or have already enacted, laws barring minors from purchasing violent videogames.

The problem is that courts around the country are deeming these laws inappropriate because they conflict with our first amendment right to free speech. We’re able to stroll into a bookstore and purchase any book we’d like, regardless of our age or content of the book. Interested in reading up the violent actions in “Crime and Punishment?” It doesn’t matter if you’re only ten or twelve years old - you’d be able to pick up a copy of the book, or any other book for that matter, and start reading.



Some courts are currently arguing that Americans’ first amendment is being ignored under the new laws that bar kids from purchasing violent games.

Should kids be able to walk into a local store and buy the new Grand Theft Auto? While there’s no concrete proof that playing a violent game will lead to a violent lifestyle, many Americans feel its inappropriate for minors to play games that are excessively violent or have strong sexual content. After all, a videogame can pack a much stronger punch than a book since players interact with games and visually observe their content.

Another part of the problem with the current laws is that they don’t follow the ESRB ratings (from EC to AO). Rather, for example, in Californa the law simply state that no child may be sold a game that features killing, maiming or sexual assault. Other states’ laws have similar provisions, but what’s the point of the ESRB if lawmakers are just going to use these vague standards? And who exactly is going to monitor videogames within the government? The ESRB is doing a great job and the government should simply recognize the organization. However, the ESRB isn’t perfect and it isn’t nearly as strong as the MPAA.

But still - should minors be allowed to purchase games with violence or sexual content?

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Forum Discussion

[color=green][quote author="Andru Edwards" date="1135052622"]...or any other book for that matter, and start reading.[/quote]One word: porn. Are children allowed to purchase it? No. How is that any different from violent or sexual content in video games intended for people of a "mature" age?[/color]

If the children are determined enough, they can buy anything, or "download" it.

That's obvious enough, it's just like drinking. No matter what the legal age is, youre still going to have people under that age drinking. No matter what they do there's still going to be some kids playing violent game that they shouldn't be playing, it's the parents who either don't know what their kids are playing, or just simply don't care. I'd also like to point out the absolute idiocy of some parents out there: I forget who it was, but apparently she tried to sue RockStar for "not properly stating" that the GTA game she bought for her 6 or 9 year old kid was not intended for a child. If anyone's got any interest I can find the article in my PSM/OPM and scan it in for you.

I think that actually looking at what the laws do makes a big difference. I'm not commenting on free speech, but you do realize that these laws just increase the age from 17 to 18. M rated games are only sold to people 17 and older, it's just like R rated movies.

That's how it's [u]supposed[/u] to be, but it's not how things actually happen. And even so, if retailers did completely stop selling M rated games to minors, parents would still buy the games for their kids: [i]"it?s the parents who either don?t know what their kids are playing, or just simply don?t care." -Me[/i]

I think it should be 13 and up can buy any game, fair enough :)

[quote author="MSasuke" date="1135352409"][color=green]That's how it's [u]supposed[/u] to be, but it's not how things actually happen. And even so, if retailers did completely stop selling M rated games to minors, parents would still buy the games for their kids: [i]"it?s the parents who either don?t know what their kids are playing, or just simply don?t care." -Me[/i] [/color][/quote] You can't stop parents from buying their kids a game. Anyways raising the age to 18 isn't going to change whether kids get away with buying M rated games or not.

[i]"You can't stop parents from buying their kids a game."[/i] Is exactly what I said, only worded differently. Raising the age to 18 wouldn't stop kids entirely from getting games that they possibly shouldn't be playing, but it would stop them buying them without their parents' permission (whether or not their parents care is an entirely different story). As I said before, kids aren't allowed to buy alcohol or porn, but they get it anyway, either the internet (exclusive to porn, as "internet alcohol" has yet to be invented) or an older friend buying it for them.

[quote author="MSasuke" date="1135417455"][color=green][i]"You can't stop parents from buying their kids a game."[/i] Is exactly what I said, only worded differently. Raising the age to 18 wouldn't stop kids entirely from getting games that they possibly shouldn't be playing, but it would stop them buying them without their parents' permission (whether or not their parents care is an entirely different story). As I said before, kids aren't allowed to buy alcohol or porn, but they get it anyway, either the internet (exclusive to porn, as "internet alcohol" has yet to be invented) or an older friend buying it for them. [/color][/quote] They already can't buy them without a parents permission if they are under 17. M rated games are like R rated movies. They are for 17 or older.

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