1st Amendment Center Warns of FCC Effort to Equate Media Violence with Porn

1st Amendment Center Warns of FCC Effort to Equate Media Violence with Porn

March 5, 2007
Is video game violence a form of porn?

Over the last two years GamePolitics has tracked a number of legislative efforts designed to equate video game violence with hardcore smut. Such bills generally attempt to circumvent typical First Amendment protections by lumping violent games with porn as "harmful to minors."

Now, Craig R. Smith (left), director of the Center for First Amendment Studies at California State University Long Beach, warns of an FCC effort that seeks to do much the same for T.V. violence. If successful, the FCC initiative has clear implications for the video game world as well. Writes Smith:
...(the FCC) sent a valentine to... Congress seeking to censor violence on television. Hatched in the bowels of the FCC, this report argues that it would not violate the Constitution to equate violence with indecency, which the FCC already has the power to regulate. All it would take is an act of Congress giving the FCC the power to move forward with its censorship agenda...

Does televised violence induce actual violence? If it does, that might constitute a harm significant enough to trump First Amendment rights. However, the most recent evidence does not support the thesis.

Smith cites several academic and research authorities who support the view that media violence does not lead to real-world violence. His comparison of U.S. society to that of Japan and Canada is a powerful one:
While Japanese media, and particularly their video games, are pervaded by violence, Japan has much lower crime rates than the United States. The same is true of Canada. What America has that Japan and Canada lack is a high level of poverty, excessive gun ownership, drug abuse, broken homes, illegitimacy and gangs. Wouldn’t it be smarter to go after the real causes of violence in our society rather than seeking a scapegoat in televised violence?

GP: For more info, see recent GamePolitics coverage of the FCC proposal.

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@ill-spirit
You shouldn't single those out. If you look at all the different things one at a time, it's easy to find examples why they're not true in other countries. It's when you put them all together, that things get more complicted and dangerous.

What if you have a poor home with guns that has access to drugs? I think we can agree that there's a higher chance of (fatal) violence in such a home than in a rich, gun- and drugfree home.
Don't point at Switzerland, Amsterdam or anywhere else to single out those causes named. Switserland might have guns, but they don't have as much drugs and they're pretty rich. Amsterdam might have softdrugs, but they don't have as much guns and they're rich too. Those places are fundamentally different than the US.
wow......let me bring my trains in so I can wreck them ^0^
“What America has that Japan and Canada lack is a high level of poverty, excessive gun ownership, drug abuse, broken homes, illegitimacy and gangs.”

Guns:Ok here my thought about guns,the US has a large/good size populace,because we has allot of guns they can inflate our murder pre capa ratios,but thats about all they do,they will not start or stop someone from robbing someone else if thats the only niche they can fall into to survive witch brings me to Poverty/Broken Homes .

Poverty/Broken Homes
These can be tied together,the stresses on lower class familes can be madding,now add the fact you have to work 2-3 jobs in most cases to have good health care and save for a house and send your kids to collage....its just bad now add the single factor into the mix people trying to live trying to have relationships,ect,ect ,add all these stressers on a populace and its going to up the ratio of violence and death with or without guns or illegitimacy...

illegitimacy
straw-win much? (strawman-godwin)

Because of the factors of Poverty/Broken Homes , illegitimacy is well....illegitimized,well its true the factors of a single parent home can raise violence and stress its the system we have that can not easily help the poor and working poor that create excess violence and gangs.


Gangs
Poverty/Broken Homes is going to help with gangs greatly,like disenfranchised militias they group together and hate everyone around them gaining weapons to gain control it comes down to a goverment that dose not give a damn abotu its people and they can survive in a system that ignores them (law) can not handle them(police) and will not help them(fixing poverty and school)


Ben Payne
I cant find me studies but I think it was like a whole 15-25% that a kid will come out "better" from "marriage"(2 parent union of any kind)
,its a factor but poverty and a bad school system is the catalyst that starts the domino effect.

that aside they like their hellfire and brimstone it keeps them warm at night because they dun like females 0-o (cant help it on a roll :P)
Japan and Canada DO have gangs and broken homes.

What Japan lacks is the judeo-christian attitude of an eye for an eye, the protestant work ethic, and the concept that competition is everything.

What Canada lacks is balls.
http://www.youtube.com/watch?v=U058nz0Jepg

Heres The FCC video guys.
*claps*
Mysticgamer, you are my hero, i thought the same exact thing
Sorry people, I cant seem to find the report on-line anywhere.

I guess it has'nt been put on-line or maybe it's already gone...
Are we allowed to copy and paste a link to youtube? I think the FCC song from Family Guy is appropriate here.
There seems to be a flame war about......
@ pest_control:

I assure you that there's no left-wing bias underlying the fact that America has many more murders per capita than Japan, Canada, Germany, or most other first world countries, for that matter. Furthermore, I don't think anyone was recommending that we ban gun sales of any kind in order to curb violence.
Exactly. It's not a question of how the child is raised. It's the fact that they're attacking the fact that people are having children without getting married. I completely agree that a child of a broken home is more likely to have a 'bad' influence, but marriage has nothing to do with anything. Does that mean that every child adopted by a gay couple is a lost cause? HELL NO! If you want to attack a child being brought up in a poor environment or without proper influence, fine, but leave marriage out of it. A legal document and spiritual promise has little to no bearing on how the child will be raised.
@GoodRobotUs: Yeah, thank you for saying what I'm thinking, except without verbal diarrhea.
"Also if we start censoring the TV can we censor Fox news and take off the Christian Stations because they offend me more than violence"

Were this to pass those statuions would likely be the only ones left untouched.
I'm with Dutch here, I don't personally state my views on the influence of Religion in American Policy-making, but he does have a point that the American institutes habit of turning Morals into a Moral Dilemma have been active in this throughout, be it the superbowl incident, video games, TV or anything else media related.

It's always been a question of people assuming that their own idea of what is 'moral' is not only more valid than someone elses, but that the other person MUST conform to their wishes, which basically goes against everything America was created to represent.
I actually agree with Ben Payne and I am a Christian. In his last post before mine, he most likely didn't even talk about single parent homes. But simply about the fact that the parents aren't married.

By attacking Ben Payne's opinion about Christianity, we act in the same exact way Jack does. Marriage in itself is just a relgious bond between two people. In my country they allow you to get the same exact rights without getting actually married, we call it a living-together contract. In a country that acts as if state and church are divided, you sure hear a lot that shows the opposite. Just look at the stance of US on homosexual marriages, it is all about religion. Unfortunately my country now has a government that is starting to act the same way because we have a Christian party in our coaltion that wants to force religious morals on everyone. I am as a Christain am against this because morals shouldn't be about religion at all. Those Christians are the ones that seems to be too willingly to forget that Jesus treated everyone with respect, no matter who they are. But I went off topic with this. I just think that the attack on Ben is uncalled for. It shows a lack of understanding what he is trying to say.
"What America has that Japan and Canada lack is a high level of poverty, excessive gun ownership, drug abuse, broken homes, illegitimacy and gangs. Wouldn’t it be smarter to go after the real causes of violence in our society rather than seeking a scapegoat in televised violence?"

Poverty? With you so far... Excessive gun ownership? Umm, define excessive. I own two, is that somehow "causing" violence all across the nation? What of Switzerland? They have more guns than the US or Canada, but less crime than Japan. Drug abuse? Canadians have a similar level of drug use, they just don't have as many arrests/laws because their not insane puritans. And then there's Amsterdam... Broken homes and illegitimacy? Hmmm, Canada is only like 3% behind the US in divorces, and Japan apparently has a lower marriage rate than the US. Gangs? Umm, does the term Yakuza ring a bell?

As such, wouldn't it be better to defend free speech on its own merits, instead of tossing up a smoke screen of misdirection by seeking out a meta-scapegoat? This sort of "not me!" defense only makes one look more guilty.
Look at places like Holbrook, Arizona. In 1866 a SIXTH of the population of the town died in arguments and consequent shootings.

Basically to look at anything other than people for the cause of this situation is ultimately fruitless, you can blame it guns, you can blame it on religion, you can blame it on divorce, but at the end of the day millions own a gun, millions worship a God and millions are born out of wedlock, yet only one or two people will crack.
I think illegitimacy is a cause (see "Freakonomics" on abortion), and that 'gun ownership' isnt. You make guns illegal and you just have criminals owning guns, plus thats a infringement of the 2nd Amend. Its best not to make enemies of people that care about gun rights, theyre fighting for freedom too.

I think the violence in the U.S. is exaggerated too. Im pretty sure Ive seen statistics recently that show that we're really not that bad in comparison to the rest of the world. People want to think we are (people with political agendas), but were not. Same for poverty, etc... This guy seems to me like he has a left wing agenda.

Plus, violent crime has dropped in the past two decades, dont forget that.
The responses to my first comment demonstrate the stranglehold Christianity (and other religions, but Christianity is the easy target) has on the masses. We've been bombarded with media and the idea that if a child is born out of wedlock, that child is a lost cause. Just because someone isn't married doesn't directly mean that he/she is a child of a broken home, or will grow up in a foster home. I know people who's parents weren't married, but stayed together. I know people who's parents left them, and grandparents, or aunts/uncles raised them. Yes, children born after marriage may be less likely to grow up in a foster home, or on the streets, but there's PLENTY of divorce these days that marriage is NOT the end all be all of the 'perfect' family life.

Yeah, my whole bashing Christianity was uncalled for. It's more of a result of many religions, but in the US, it's something like 75% Christianity when it comes to religion, so it's my default target. My bad. Lemme rephrase to "This is nothing more than a bunch of [religious] moral bullshit."
@Ben Payne:

Has it ever occurred to you that perhaps having only one parent has an effect on an individual's violent/criminal tendancies? For one, when talking about violence you're generally speaking of the male half of the population, since they tend to the majority of offenders. Secondly, single parent homes tend to have a Mother, but not the Father. Lastly, there have been *numerous* studies that have shown that male children without a Father-figure tend to be more at risk for violence and drug abuse.

But, you know, rather than actually looking at the *real* problem you'd prefer to blanketly attack what you perceive as the *cause*. Kind of ironic when you think about it... Maybe we should nominate you for the Honorary Jack Thompson of the Day award.
Does any one else see that episode of family guy ocurring any time soon. U know the one where they start censoring real life.

Or that other episode of American Dad.

Also I would like to point out that its a fact that Japan has the lowest crime rate in the world. There are many different arguements as to why this is it maybe culture it maybe beliefs and ideologies but one thing is certain they have some of the most horrific and violent media of all and yet have the lowest crime rate.

And common canada also has a low crime rate and they basically see every thing the US sees in terms of media. Now why is that.

Common on now is media the only thing that creates violence even before there was mass media? the simple answer NO.

Also if we start censoring the TV can we censor Fox news and take off the Christian Stations because they offend me more than violence
Barbar
was it Switzerland that has a 80% taxation rate?
they take care of their people but at a price....of coarse if our school system was fixed and we had near prefect free health care would it be worth a 80% tax hike?
"I honestly don’t see this getting through, since it would include violent images in the News etc, you’d be effectively censoring an entire population."

I think that's the whole idea behind this in the first place. If the government can control what information the people can get, then they in effect control the people.
Could it also be that Japan has a fundamentally different culture. Could it also be that there are more things that are criminal in the United states.

We have so many "criminals" because of minor drug related offenses that it is pathetic.
I think one of the big reasons they don't want to go after the root causes is, let us face it, there is too much profit to be made in many of them. Poverty is extremaly profitable, as is gun lobbying and drugs.

And even trying to touch the broken homes/illegitimacy issues quickly crosses women's lib, domestic abuse, abortion, religious issues, and a whole host of hot-button stuff that there is far more power to be gained by hyping them up then dealing with the actual problems.
If this comes true(I hope it doesn't), I can kiss any part of decent Television Good-bye
@The gaming Dutch

Got a link? I'd like to read that, maybe not if it's in german. Havent spoke or read it in years.
"While Japanese media, and particularly their video games, are pervaded by violence, Japan has much lower crime rates than the United States. The same is true of Canada. What America has that Japan and Canada lack is a high level of poverty, excessive gun ownership, drug abuse, broken homes, illegitimacy and gangs. Wouldn’t it be smarter to go after the real causes of violence in our society rather than seeking a scapegoat in televised violence?"

I'm not going to get into that illegitimacy argument here, but that hot issue aside, this is an excellent point that I fear will probably be either ignored or quickly swept under the table during congressional hearings concerning the FCC's role vis-a-vis televised violence. If there's one thing a good deal of American lawmakers can't stand, it's the idea that they could actually learn a lesson or two from foreign contemporaries.
Well, I guess it was inevitable that this come back to bite us in the arse.

For a long time, we've been demanding equal treatment to television. So instead of lessening the restrictions on games, they're trying to tighten them on television...

Still, it won't work. The FCC is seriously overstepping it's bounds if it thinks it can regulated content on cable, violence or otherwise. And if it over-regulated the airwaves, it will just drive people straight to cable...

The FCC can mandate that all broadcast shows be HD by a certain date, but they can't order cable companies to do the same...
@Ben Payne

Careful, your ignorance and bigotry is showing...
Well, it's like the whole ID Cards thing that is being pushed through in the US at the moment, it'll get exactly as far as Congress.

Word of advice on the ID Cards thing from the UK. Don't. It actually makes it easier to commit ID Theft because all your details are stored on one handy stealable piece of plastic, all you need to do is decrypt it, and that isn't hard (in fact, on the US cards, they aren't even ENcrypted). And it'll cost a tax fortune to make.

I honestly don't see this getting through, since it would include violent images in the News etc, you'd be effectively censoring an entire population.

Basically playing 'See no Evil', 'Hear no Evil', 'Speak no Evil' is a pretty stupid and immature way for any reasonable country to behave.
Unlike Jack, Mr. Smith did recieve a brain when God was handing them out before shipping everyone here.
As for Ben's comment about illegitimate children, how is a child suppose to learn without the guidance of a parent or proper guardian? I take it you haven't heard about the thousands of children who's lives are ruined because they have no real home (foster homes and such)?
Since when does religion have to do with this argument? Are you also making the false assumption that Japan and Canada lack organized religion?
Please try to stay focused on the subject at hand, and it might be better if we DON'T make more enemies.

http://en.wikipedia.org/wiki/Religion_in_canada
http://en.wikipedia.org/wiki/Religion_in_japan
Of course it would be smarter to go after the real causes of violence. But which one are most politicians going to go for: the smart way or the way that gets them more votes? The answer is obvious.
"What America has that Japan and Canada lack is a high level of poverty, excessive gun ownership, drug abuse, broken homes, illegitimacy and gangs."

Okay, I can deal with a lot of the violence related ones, but what does illegitimacy have to do with anything? Please don't tell me that they're trying to claim that a bastard child is more likely to be violent than a child in wedlock. This is nothing more than a bunch of Christian moral bullshit. THAT is what the US has that Japan and Canada (fortunately) lack.
"Wouldn’t it be smarter to go after the real causes of violence in our society rather than seeking a scapegoat in televised violence?"

Truer words never spoken, even if this has a snowball's chance in hell of happening. all of the US' problems get swept under the rug as those would take money to fix, and we know in america the all mighty dollar rules all it seems, and we want other nations to see a utopia, america is supposed to be a land of happy families and white picket fences, so its best not many see one thing out of place. As long as politicians are more concerned with keeping their high paying cushy job, those who need help won't be helped.

"The segment ended showing a german counterstrike tournament and with a comment that the players actually seemed LESS violent after playing."

I'm surprised no riot police burst in and shot up all the computers.
@The gaming Dutch

Could you link that report (assuming it is in English)? It would be nice to see a news story that ISN'T against games for once.
"Wouldn’t it be smarter to go after the real causes of violence in our society rather than seeking a scapegoat in televised violence?"

Yes, it would be smarter, but not nearly as easy.
@ Terminator44

It's in Dutch, but I'll look if there is a transcript of it or video on the net somewhere that I can translate when I get home from work later.

@ kurisu
That would seem to be the standard response these days. (grins)

I'm just glad that the Dutch media check their facts before slinging mud.
What the FCC is trying to do here (aside from trying to exceed its mandate -again-) is basically doomed. Courts have slapped the FCC down for exceeding its authority before (most recently for their attempt to make the Broadcast Flag mandatory). "Obscenity" is already defined by Supreme Court decision. An act of congress (basically a federal law) redefining "obscenity" would simply result in a federal court hearing a case, saying "Miller defines Obscenity as sexual", and a finding against the FCC and the act.
@Barbar-

Sorry, I went off on a bit of a tangent there and really didn't bother to connect my dots. My whole point was just that dude made it sound like each of those things are uniquely American circumstances when they're not.

Yes, various combinations of the above can sometimes result in violence. Crazy people plus video games can sometimes end up in violence as well. But we can't just go around blaming every inanimate object or intangible concept for the conscious, bad decisions of people. In fact, you're closing argument is kind of just what I was getting at. Lots of places have lots of things we have but without the problems. Some places don't have things we have but have other problems. And yes, all places and people are fundamentally different from each other. Ergo, it's not the things which are causing the problem, but rather people. Society itself needs fixing, and people need to be accountable and responsible for their own actions, instead of looking for a scapegoat to blame.
Yesterday there was a short newsreport on the push by Germany to create a European gaming law.

One of the ministers in the piece claimed that violence is porn and porn is violence. A strang idea...

The reporters had done their research and concluded that the quoted "scientific proof" was totally inconclusive and highly suggestive.

The segment ended showing a german counterstrike tournament and with a comment that the players actually seemed LESS violent after playing.
Lies will be revealed in due time... Either side who loses gets self-owned, and I think it will be the legislators wasting their efforts trying to equate violence with porn.
true to be told
[...] Link to the GamePolitics article. [...]
adult japan tv...

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