Gaming Goes on Trial: Results from The Supreme Court Hearing
Gaming Goes on Trial: Results from The Supreme Court Hearing
Posted 11/02/2010 at 11:59pm
| by Nathan Grayson
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The past 24 hours, for those of you who haven't been keeping up, were pretty darn important for the future of videogames. The Supreme Court went through with its hearing for the California violent videogame bill, which – if passed – would put the ESRB out of a job and usher in a whole new set of regulations for videogames. The worst case scenario? The bill passes, and many games are more or less lumped in with pornography, leading to potential removal from retail locations altogether. So, what happened? How'd it go? Well, initial responses from the Supreme Court justices look promising. Some highlights (via Gamasutra):
"If you are supposing a category of violent materials dangerous to children, then how do you cut it off at video games? What about films? What about comic books? Grimm's fairy tales? Why are video games special?" - Justice Ruth Bader Ginsberg
"What's next after violence? Drinking? Smoking? Will movies that feature scenes of smoking affect children? ... Movies that show smoking can't be shown to children? Will that affect them? Of course, I suppose it will. But are we to sit day by day to decide what else will be made an exception from the First Amendment? Why is this particular exception okay, but the other ones that I just suggested are not okay?" - Justice Antonin Scalia
"One of the studies ... says that the effect of violence is the same for a Bugs Bunny episode as it is for a violent video [game]. So can the legislature now, because it has that study, say we can outlaw Bugs Bunny?" - Justice Sonia Sotomayor
Granted, a final ruling won't be made until June of 2011, so this is hardly over. On top of that, the justices are known for pummeling both sides of an argument with near-impossible questions, so their harsh volley against the California bill was nothing out of the ordinary. Also, as Gamasutra points out, the current justices tend to lean more conservatively, which doesn't bode well for things involving the entertainment industry.
So, the long and short of it? You may now take a breath and maybe even smile a little. But this was just a quick skirmish, and the war's far from over.
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Macknzie
November 03, 2010 at 11:03am
One point of clarification: It is virtually certain that we'll see a decision before June 2011. If the Court thinks it's a slam-dunk, given that this case is so early in the term, maybe before the end of the year. Most likely, though, I'd expect something early 2011. June is simply the end of the term, so is the last possible date for a decision (usually--the Court will rarely hold a decision over to the next term, and even then generally asks for reargument on a sticky issue).
This case does not seem like it would take the full term to decide, so I suspect early 2011 is the key time.
brothertuck
November 03, 2010 at 10:49am
From experience, 15 year old twins, I know that most game stores already use the suggested age ratings so that an adult has to buy certain games. Also, I think there should be a separate rating for violent games vs porn type adult games.
I know my son has played some M rated games that he gotten passed down from his older brother, my step-son, and maybe I am a bit liberal in my thoughts on this, but I feel my son is mature enough to play them and not transfer the experience to real life, and knows it's just a game, like R rated action movies are just a movie. If I see a part of the game or the movie I am concerned about, we talk about it. I know with him it's a release from a lot of pressures put on a teenage boy.
I think the biggest thing is, even though I am sure there are things I don't hear, we do talk about a lot of things, in games, movies, real life. I want to be able to make the decision on my son, and how I see things affect him, instead of the government or the industry trying to control what I watch and do. I try my best to keep up with things so that I can teach him to make the best decisions when I'm not around. The government doesn't need to put more controls on me and my kids.
brothertuck
November 03, 2010 at 11:16am
I just went to the ESRB ratings website to look up the possible ratings.
There already is an AO rating, adults only. If we just made sure that all gaming stores followed the ratings like video sales and rental place are supposed to, why need more? Keep the AO games in a separate area so only adults over 18 can look at them.
Just keep the ESRB, which is an industry standard now, like the movie ratings, and use them.
US_Ranger
November 03, 2010 at 9:30am
Wouldn't a "conservative" leaning court rule in favor of less regulation? After all, the conservative leaning court recently ruled in favor of less regulation for gun owners. (Heller vs DC) I imagine that the conservative leaning court would also rule for less regulation in regards to video games. Please don't label all conservatives as these social conservatives who believe it's their God given right to enforce morality upon the rest of the country.
zNelson24
November 03, 2010 at 9:22am
When I find something inappropriate for my tastes, I ignore it. If it's on the radio, I listen to a different station. I don't go out of the way to get the station booted off the air.
I understand that some parents may want to keep their children from playing violent video games, which is completely cool. I just ask that they respect my rights to play these games, and let the adults make the adult decisions.
Lastly I would like to say that I don't want to be stereotyped for buying stuff with a +18 label on it. I'm not a perv, and I don't want to get mixed up with people who watch porn on a daily basis.
Ghok
November 03, 2010 at 9:39am
Ever bought an M rated game? That's a 17+ title. I mean, there's a year difference there...
zNelson24
November 03, 2010 at 11:35am
I think that the "M" ESRB print, and a big "+18 ADULTS ONLY" send different messages.
medicfirefighter05
November 03, 2010 at 8:20am
Censorship is best left up to the parents, it is the job of the parent to protect their kids from items they find offensive not the Government. Parents need to step up and just tell there kids NO.
jgivens
November 03, 2010 at 7:59am
It's funny that Justice Sotomayor mentioned Bugs Bunny. I'm 37, and I can remember watching uncensored versions of Looney Toons as a kid on TV. Try finding an episode on TV where, for example, Elmer Fudd shots Daffy Duck in the face. Ahhh..those where the days! But now you have both conservatives and liberals trying to decide what's best for us. Conservatives want to make sure we don't do, watch, or consume anything they deem unseemly, and liberals want to make sure no one is ever offended in any situation (impossible!). People seem to think that it's just the right trying to stifle freedom. Think again! This is what frightens me most about issues related to the 1st Amendment. I can remember someone saying the only thing more frightening than a Democrat or a Republican is when they work together! I fear the outcome of this case!
NicciAdonai
November 03, 2010 at 6:39am
"Also, as Gamasutra points out, the current justices tend to lean more conservatively, which doesn't bode well for things involving the entertainment industry."
Don't get me wrong. I understand that "conservative" sometimes means that the political figures adhere to a stricter set of morals (which some may put quotations around, like so: "morals"). However, it also generally means that they lean away from unnecessary regulation (which some may put quotations around, like so: "unnecessary"), no? Conservatives haven't been the only political figures trying to regulate video games. Just saying.
bathtbgin
November 03, 2010 at 7:37am
you're right partially correct on that one, liberals are the ones who typically want to censor violent content, conservatives on the other hand want to censor sexual content. either way they're wrong.
drian2001
November 03, 2010 at 3:56am
M rated games make up about 10 % of game sales, why are they coming after such a small market share. the average gamer is 34 yo who cares what type of games they play. these high strung parents need to go back to there high school days and pick back up there habit and stop being hypocrites. i don't want digital downloads cause then i cant trade them for other games or cash.
stingray5001
November 03, 2010 at 5:03am
where are you getting you info? cause unless you are counting playing for flash games and such all of the biggest blockbuster games besides sports games are rated M. modern warfare2, bioshock2, half life2, etc
brothertuck
November 03, 2010 at 11:09am
Each year there are hundreds of games released. The ones that get shelf space are the ones that make the most money. It's purely that there are so many other games made. One M rated game is counted as 1, one E rated game, or EC rated game is counted as one (also there is the RP rated games that depend on the user for content). There are also mini-games, usually rated E for Everyone. A quick game that you can play for a minute or 5 minutes, cost a buck or 2, and easy to download.
As for sales, the T and M rated game do a great volume of the gaming business, so a larger number are pressed and sent out.
It goes back to a line one of my math teachers use to say, numbers are like prostitutes, once you lay them down you can do almost anything with them. You just have to know what you want the final outcome to be.
Founck
November 03, 2010 at 12:26am
It would appear the solution for the worst case scenario (some games being removed from retail locations) will easily be solved by digital downloads. Especially since digital downloads is the future of game distribution anyway.
ShadowDragoonFTW
November 03, 2010 at 6:31am
I'm more concerned over what standards would be put into effect if the ESRB is kicked to the curb. God only knows what kind of crazy, nonsensical rating system they'll try to put into effect...
Muerte
November 03, 2010 at 7:52am
Yep this is a slippery slope deal. That's what the judges excerpts were showing. The only thing that delineates video games from the rest of media is its interactive component makes them more immersive. That's the only aspect that could push this over the edge.
Is that type of immersiveness harming the decision process of the youngins?
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