Silicon Valley's Newspaper Backs Schwarzenegger on Video Game Law Appeal

September 7, 2007
The respected San Jose Mercury-News is the de facto paper of record in California's high-tech Silicon Valley. And newspaper people are generally quite supportive of First Amendment issues.

So it may be surprising to learn that an editorial in today's edition applauds Gov. Arnold Schwarzenegger's appeal of a recent federal court ruling which declared the state's 2005 video game law unconstitutional. From the editorial:
Given the nationwide track record [of game laws being declared unconstitutional, the appeal] may be a waste of time. But maybe the ninth time's a charm. We hope so. It shouldn't be so hard to protect children from the most twisted, sadistic images that the mind can imagine...

[California's] law was never intended to replace parents' judgment.... But [U.S. District Court Judge Ronald Whyte] said that the law was too broad... And he said that the state failed to cite persuasive evidence that playing violent videos causes anti-social, violent behavior among children...

But Whyte, like other judges, has demanded too high a burden of proof. When it comes to indecent material, courts have given regulators and legislators wide discretion to protect children... Judges haven't applied the same common-sense standard to extremely violent video games...

Schwarzenegger, in his prior career as action actor, committed his share of tasteless violence. Consider his defense of video game limits an act of penance...

GP: This is not a new stance for the SJ Merc. As GamePolitics reported back on May 3rd, 2005 - months before the California video game law had even passed in the legislature - the paper likened game violence to pornography and described then-Assemblyman Leland Yee's bill as a sensible approach to the issue.

Comments

[i]"he said that the state failed to cite persuasive evidence that playing violent videos causes anti-social, violent behavior among children… But Whyte, like other judges, has demanded too high a burden of proof.
[...]
Judges haven’t applied the same common-sense standard to extremely violent video games…"[/i]

Apparently, outlawing stuff without evidence is common sense.

"It shouldn’t be so hard to protect children from the most twisted, sadistic images that the mind can imagine..."

Yeah, don't let them watch CNN.

Why is anyone responding to JT? THIS TOPIC HAS NOTHING DO DO WITH HIM!

I am curious about which games the author consideres the "most twisted, sadistic images that the mind can imagine". I can't think of anything in games nearly as gross as in most horror flicks.

...And Saint Attila raised the hand grenade up on high, saying, "O Lord, bless this Thy hand grenade that with it Thou mayes* blow Thine enemies to tiny bits, in Thy mercy." And the Lord did grin and the people did feast upon the lambs and sloths and carp and anchovies and orangutans and breakfast cereals, and fruit bats and large chu... [At this point, the friar is urged by Brother Maynard to "skip a bit, brother"]... And the Lord spake, saying, "First shalt thou take out the Holy Pin, then shalt thou count to three, no more, no less. Three shall be the number thou shalt count, and the number of the counting shall be three. Four shalt thou not count, neither count thou two, excepting that thou then proceed to three. Five is right out. Once the number three, being the third number, be reached, then lobbest thou thy Holy Hand Grenade of Antioch towards thy foe, who being naughty in my sight, shall stuff it." Amen.

Jackie is the killer bunny, of course. ONE, TWO, FIVE!

"It shouldn’t be so hard to protect children from the most twisted, sadistic images that the mind can imagine…"

You mean the kind that your newspaper provides when covering murderers, rapists, terrorists, and bloody wars?

Oh yes, that pesky, annoying "proof" judges do so require.

@ E. Zachary Knight

Just go to BugMeNot.com. It worked around the registration page.

so, the SJMN is the de facto fascist propagandist in the area. gotcha.

Quitters never Win, Winners never Quit,
but those who never win and never quit are idiots.

"It shouldn’t be so hard to protect children from the most twisted, sadistic images that the mind can imagine…"


*siiiiiiiiiigh*

Yeah. God Forbid that a judge should demand real proof instead of hysteria before passing a law that would effect the entire industry, not just violent games. It's like saying 'Well, it looked like he commited murder, so why should we wait around for stupid stuff like evidence?'.

Call me crazy, but doesn't any law restricting sales of any kind of media "replace parents’ judgment"? If you can't buy it, your parents judgement has been replaced by the law. I love the smell of hypocrisy in the morning...

Typical right-wing propaganda.

"It shouldn’t be so hard to protect children from the most twisted, sadistic images that the mind can imagine…"

Okay, let's do that. But right before we censor video games, let's slap the old ban hammer on television, movies, books, and religion. I really can't think of something worse than forcing a child to worship a an evil Bronze Age war God that murdered millions of people.

"Leave media freedom alone" > "PROTECT TEH CHILDREN"

If anything, the children need to be protected from the stupidity and false morality of religious morons on the right.

@Pandralisk

be fair, the false morality of religious morons on the left is just as culpable, if not moreso, concerning censorship.

last i checked: Tipper Gore, Joe Lieberman, and Hillary Clinton were democrats.

the idiocy is on both sides of the aisle.

"Schwarzenegger, in his prior career as action actor, committed his share of tasteless violence. Consider his defense of video game limits an act of penance…"

This line says a lot to me. The writer of said article obviously has a problem with violent media. Never mind the fact that violence has been around in media for centuries, if not longer (Shakespeare anyone?). No, this person only cares about what they think these things do to people. After all, they are smarter than us. The newspaper said so.

Dean Takahashi, a VERY respected journalist, who writes a LOT about the gaming industry, works for San Jose Mercury.

I am pretty sure there will be a counterpoint article coming from him very soon.

The SJM editorial is completely inane.

Penance? Give me a f***ing break! Any objective observer would see the Governator's campaign as nothing but pandering given the Constitutional issues. I don't know why that editorial was written, but I suspect it is either because the editor is friends with the Governator, or wants something from him.

@Conejo

I don't think I need to remind you about probability. It is much more probable that religious idiots on the right will support freedom-raping forms of censorship.

And yes, it's a real shame that some on the left feel as if they must cater to the superstitious members of their constituancies by taking stronge stances in the name of "teh children."

(And Lieberman is a token-conservative, though independent at the moment).

"It shouldn’t be so hard to protect children from the most twisted, sadistic images that the mind can imagine…"

Clearly the only solution is to give every child a lobotomy at birth. That is the only way that they won't be able to think any more.

Note to the motards at the San Jose Mercury News:

The burden of proof has to be high, since Arnold is directly contradicting a Constitutional Amendment.

Besides that, children are already being protected. They're just being protected from idiots like Leland Yee:

The First Amendment clearly states: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.”

So why are morons like Leland Yee making laws that are abridging the freedom of speech?

Sure, they try to use the old “you can’t yell ‘FIRE!’ in a crowded theater” rule(an example always given of how freedom of speech is not absolute), that you can’t use your speech to put others in harm’s way.

However, if you’re going to infringe on a constitutional right like freedom of speech based on the idea that the speech you’re trying to ban is dangerous, then you better damn well show the people absolute proof that the speech in question(in this case, “violent” video games) is dangerous. This has NEVER been done. There is no proof that any harm will come of anyone who plays a “violent” video game.

If there is a danger so clear and so threatening to the American people that causes the above dumbbells like Yee to step on the First Amendment, wouldn’t any rational thinking person have to believe that the danger would have to be so obvious and clear that there would be no argument against it? You’re directly contradicting a Constitutional amendment.

We, the American people, have not been given any valid reason to believe that this abridging of our freedom of speech is necessary. There just simply isn’t any evidence at all of any danger from “violent” video games. This “protection” from “violent” video games isn’t needed, but please feel free to use my tax dollars for protection from things like 10-foot hurricane storm surge entering the workplace.

Oh, and it's not an act of penance, more like an act of hypocrisy, since he's also made money on his likeness being used for games based on the Terminator movies, and True Lies, and Total Recall.

@Pandralisk-Considering the guy who keeps sponsoring these attempted laws is the second-highest ranking Democrat in the State Assembly, this is far from right-wing propaganda. More like left-wing nanny-state hysteria rather than religious fundamentalism.

"Common sense standard?" That's what our court system is about?

@Ron - And the Governator is an idiot for encouraging what should hopefully be yet another knockback for this law.

@Pandralisk

probability has little to do with historical fact, though.

keep in mind Mrs. Gore (with extensive effort on her husband's part and their democrat friends) forced the "Explicit Lyrics" stickers to be put on music. this was the halfway point, since she was trying to get "porn rock" completely banned from the US.

the track record exists for nutjobs from the left AND right.

@ Pandralisk

The majority of these bills are from left-leaning Democrats. The Nanny-State is more of a leftist ideal. Censorship is the end result of Nanny-State Socialism and Religious Fundamentalism. Put things into perspective and dump the agenda.

"...that playing violent videos causes..."

The fact that the paper called them "videos" is proof-positive of their cluelessness on the actual topic.

@

It's more like the post-moral majority religious right and evangelicals have grappled such an influence over Washington that those on the left feel that rallying "behind teh childrenz" has become the only way to gain support among superstitious voters (35-40 million).

And to prove my point, I pose the question, where do the value systems and "morality" that these individuals claim to possess (and enforce 'for teh childrenz') come from? Who are the major proponents of this value system? What group of people has historically suppressed ALL forms of freedom WITH the "values" of this value system? What political leaning is FUNDAMENTALLY tied into the preservation, propogation, and indoctrination of these "values?"

To quote "The Truth," 'FING Right-Wingers!'

Not bring up such an annoying issue, but the editorial continues to equate violent games with porn. They also completely ignore violence in movies and on television.

I also like this paragraph:

"The law was never intended to replace parents' judgment. They could have continued to play Mortal Kombat with their toddlers before bedtime, if they wanted to. Instead, it would have prevented kids from trying to sneak home their own copies."

I guess no child has ever snuck home porn before because we have laws saying they can't buy it.

"It shouldn’t be so hard to protect children from the most twisted, sadistic images that the mind can imagine…"

So Yee is planning on enforcing the MPAA ratings through this legislation then? How about the TV ratings. Maybe we should look at books too. Nothing stopping a child from going into a book store and picking up some murder porn lit.

I've played a wide variety of M rated games and I have to say that I've seen much worse in cinema. Read worse in literature.

If they were really concerned about "the children" then they'd stop scape-goating and go after ALL violent media. Until then, they are just grandstanding.

the fact still stands that they can't dupe the public into accepting a wide-scale censorship yet.

like all fascists, they must erode the will of the people bit by bit, medium by medium.

Violence and Sadistic gore:

Manhunt 2

what happened there? my post got cut off.....It said


Violence and Sadistic gore:

Titus Andronicus ('greater than' symbol might be the problem) than Manhunt 2

Fixing comments for accuracy (capitalization is the corrections/additions):

"Given the nationwide track record [of game laws being declared unconstitutional, the appeal] may be a waste of time. But maybe the ninth time’s a charm. We hope so. AND, HEY, IF NOT, SO WHAT? iT'S NOT THE GOVERNOR'S OR THE SENATOR'S POCKETS THAT THE FEES WILL BE PAID FROM, IT WILL BE THE TAXPAYERS. iT'S NOT LIKE THE TAXPAYERS SHOULDN'T... WAIT... -I'M- A TAXPAYER! AW CRAP!"


"It shouldn’t be so hard to protect children from the most twisted, sadistic images that the mind can imagine... AFTER ALL, IT'S NOT LIKE WE HAVEN'T SUCCEEDED IN PROTECTING THEM FROM GUNS, POVERTY, ILLEGAL DRUGS, ABUSE IN SCHOOL, ABUSE IN THE HOME, BIGOTRY TAUGHT BY CERTAIN RELIGIONS, ABUSE IN THE NEIGHBORHOODS, OR SUCCEEDED IN GIVING THEM OUTSTANDING HEALTH CARE... UH... WAIT... WE HAVE BEEN SUCCESSFUL... HAVEN'T WE?"

"[California’s] law was never intended to replace parents’ judgment…. EVEN THOUGH THE ARGUMENTS USED TO SUPPORT THE LAW CLEARLY IMPLY THAT THE GOVERNMENT, AS WELL AS THE MORALLY SUPERIOR INDIVIDUALS AND ORGANIZATIONS WHO BACK SUCH LEGISLATION ARE THE SUPERIOR PARENTS AND THEREFORE MUST REVOKE EVERY OTHER PARENT'S RIGHTS AND DO THEIR JOB FOR THEM."

"But Whyte, like other judges, has demanded too high a burden of proof. WE, THE MORALLY SUPERIOR, SHOULD MERELY BE ABLE TO SAY 'IT'S BAD FOR YOU 'CUZ WE SAY SO' BECAUSE, AFTER ALL, WE ARE BETTER AT PARENTING YOUR CHILDREN THAN YOU ARE SIMPLY 'CUZ WE SAY SO."

"Schwarzenegger, in his prior career as action actor, committed his share of tasteless violence. Consider his defense of video game limits an act of penance… BUT, SINCE HE'S MORALLY SUPERIOR TOO, HIS MOVIES SHOULDN'T BE REGLUATED BY LAW ANY MORE THAN MOVIES LIKE SAW III: uNRATED, AMERICAN PIE: UNRATED, OR EVEN THE SEX RELATED BOARD GAMES THAT CAN BE BOUGHT IN PLACES SUCH AS SPENCERS."

Nightwng2000
NW2K Software

We should have the people of California take a vote. All in favor of defending this lousy bill can foot the bill once it is ruled unconstitutional (again) and they can add on to the $324,000 they already owe the ESA. Does anyone know if Blagojevich has paid up already? I wonder what the judge would do if he continues to "waffle" on his payment.

"Schwarzenegger, in his prior career as action actor, committed his share of tasteless violence. Consider his defense of video game limits an act of penance…"

Hmm... I think it looks more like an act of hypocrisy.

And god, these judges demand way to much evidence. When will we ever achieve the perfect system where people go to jail just because somebody think they should?

@Pandralisk

Not to be preachy or condescending here but you do realize that the vast majority of the anti-game legislation has come from the left correct? Its not like Hillary Clinton and Leland Yee are to the right of Rush Limbaugh you know.

"Consider his defense of video game limits an act of penance" - Or an act of hypocrisy.

They ARE right in the fact that it shouldn't be so hard to protect them. What we need are parents that GIVE A DAMN.

"Consider his defense of video game limits an act of penance…"

Yeah, you gonna ask me to believe that Hitler isn't dead too? Fucking morons..

@ chris

Yeah, html tags (less than and greater than arrows, actually) don't seem to play well here. Hence my quad-post yesterday X.x

Someone needs to contact the ECA and ESA and tell them to pull advertisement money from this news paper if the San Jose Mercury News is going to start spew lies and support Yee/Schwarzengger on this blatantly anti-video game, unconstitutional issue.

But Whyte, like other judges, has demanded too high a burden of proof.

Asking for "ANY" proof is too high a burden? There hasn't been ONE causative study. Not a single one. No study ever, that has said "if you play games, you will become violent".

When it comes to indecent material, courts have given regulators and legislators wide discretion to protect children…

Actually no, they haven't been given as wide a berth as the SJ Merc may think. Or has the SJ Merc staff not seen many "teen" (PG-13) movies lately?

And actually, I've never agreed with the ban on indecent material either. There's no consistency, and when your in the grey zone you're either an artist or a criminal.

And where's SJ Merc's call for legal enforcement of MPAA and RIAA ratings? Oh right, I forgot where they're based...
-- If your wiimote goes snicker-snack, check your wrist-strap...

as always, the best thing to do is go over there and leave a message. -- one that is calm and rational and not a flame of course!

It amuses me that people considered "intelligent" enough to write an editorial for a published newspaper (yes, that particular phallacy exists even today) can have not one iota of common sense.

The fact that folks of this guys ilk ignore facts that are widely available, publicised on this very site, just goes to show that they don't want facts - they just want their beliefs. And one of those beliefs is that we, as gamers, are the greatest threat in the world.

And the next time some jackass gamer and Dennis McCauley wannabe calls or emails me and asks, with drool coming from his lips: "Hey, Jack, why do you want to ban all video games?" I will site to him (not too many girls are dumb enough to make such calls) the following story which notes the incredible power and potential usefulness of video games. Technology is always neutral, kiddies. It's what you do with it. If games can teach good things they can teach bad things. Duh:

http://www.townhall.com/columnists/SuzanneFields/2007/09/06/the_games_ch...

Based upon the lack of research or facts in the Merc's editorial, I think what they're really trying to say, basically, is that video games don't advertise in their newspaper...preferring a more 'Internet' variety of marketing...and they're kind of bitter about that. Lousy Internet kids.

I guess that's a problem? I don't know. I don't read their paper. We do pick up a copy once a week; we own a bird.

Wait... they publish and EDITORIAL... usually written by someone, not working for the paper. I mean the papers where I live tend to allow editorials that go against the grain of the papers usual views.

@jccalhoun graduate student

That's no fun.

@brokenscope

no, Editorials are opinions posted by the newspaper.
Opinions are opinions posted by other people than the newspaper.

@ Brokenscope

You can read more about it here:

http://en.wikipedia.org/wiki/Editorial

come on I thought it was already thrown out as unconsitusional ( spelling ) should be the end of it all despite multiple appealles!

Hey Alex, if you want some free help with spelling, install Firefox 2-it has a nice built in spell checker for everything you do. Internet Explorer 7 doesn't have that...

I wait for the day when the game scapegoat becomes like comic books and music and forgotten about by politcs.

@Pandralisk

That's a pleasant attitude you have going there, you seem committed to hassling reiligon in the exact same manner people proposing these bills are hassling the game industy. Including up to the fact that you seem to ignore anything stated that most of these bills are not brought up by those on the right.

As you know by reading things here, assuming things can be rather tedious.
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