October 1, 2007
As GamePolitics readers know, in August a federal judge ruled that California's 2005 video game law - originally proposed by Assemblyman (now State Senator) Leland Yee - was unconstitutional.Gov. Schwarzenegger has appealed the ruling and a September 7th editorial in the influential San Jose Mercury-News backed both the proposed law as well as the Governor's decision to appeal to a higher court.
That editorial raised eyebrows in both the video game and newspaper communities. Newspapers, after all, are among the primary beneficiaries of the First Amendment's free speech guarantees. It's unusual to find a major newspaper backing any type of speech-restrictive legislation.
Moreover, the Mercury-News is the paper of record in the high-tech Silicon Valley. In fact it has two reporters - Dean Takahashi and Mike Antonucci - assigned to cover video games.
In a video podcast, Steve Wright (left), Vice-president and Editorial Page Editor of the Mercury-News, explained to Antonucci (right) why he penned the controversial editorial in favor of the California law:
The position we've taken as a newspaper... We think generally as a society there is beginning to be some body of evidence that especially the ulta-violent games really have an impact on the psyche of younger kids - younger kids whose brains aren't fully deveoped, whose emotional well-being isn't fully developed...
[Playing violent video games] is not passive. It's not like sitting in a movie theater and watching someone else do the killing... We support Yee's and Gov. Schwarzenegger's push to regulate this as a society. To say as a society there needs to be some restriction upon this, the same way there's a restriction on pornography... we think there's a societal statement to be made...
There are many things that society does as a whole that looks at the village as opposed to the individual.
Wright cited a 2005 report by the American Psychological Association which linked violent video game play to increased aggression in young people. He disgreed with Antonucci's suggestion that the California appeal was a waste of tax dollars:
We think it's worthwhile to go ahead and have this adjudicated at a higher level... I hope what would happen from this kind of review, is that we'd get a clear indication of what the courts would see as being legal in order to maybe refine how this law comes up in the future.
In regard to Gov. Schwarzenegger, who himself has appeared as a character in several violent games, Wright said:
A little bit of irony there, isn't it? What can you say about Schwarzenegger? He has a past and he's looking to improve his future... I think he also has teenage kids and he knows what teenagers are doing around the house and that might have impact on him as well...
Catch the full video here.



Comments
The argument for games being worse than movies (tv, etc.) is that it is interactive. There is no scientific evidence that this leads to more violence, but it is a gut reaction and easy for people to find logical.
I mean it's a pretty logical thing to believe: Kid A just watches violence happen, while Kid B actively chooses how that violence happens. The choosing part would imply that Kid B was more likely to choose to do violence again, later.
There is no proof that this is the case, but it is easy to see how people can believe it.
Gameboy's comment offers us an excellent alternative logic to believe in. That movies don't require thought, and therefore impart their violence more directly into a person's mind, thusly making them more accepting of violence.
There is no scientific evidence to prove that either, but again it's very believable and a logical thought.
No, it's not like the spectators of sporting events, all the way from professional sports to youth recreational sports, that, for various reasons, begin attacking other spectators and/or players because they are angry, which may lead to aggressive feelings which may lead physical violence, all dependant on various other factors, not the least of which would be personality type.
Nor is it like fans of those sports who have been known to attack other fans of opposing teams or even players.
Or how about the players of those sports as well?
Nor is it like individuals who have watched on TV, read in newspapers, or heard by word of mouth some act (such as the Rodney King beating) which may make some individuals enraged, leading to aggressive feelings, leading some individuals to become violent towards property and/or other individuals.
Nor is it like the religious education of countless religions and sub-religions which preach bigotry and hate to followers, even young individuals, who have been so mentally assaulted by such ideals that they will go to school and verbally, mentally, physically, or even sexually attack others for various reasons. Or even attack individuals in the community, in places of business, or merely attack property. Or even suggest attacking individuals in other countries.
Or how about verbal debates that turn ugly, either by the debators or by spectators?
No, video games are unique. Only interactive activities will cause you to go out and commit violence. And only the interactivity of video games, nothing else.
Uh huh.
Yeah, yeah, that's the ticket.
:/
Nightwng2000
NW2K Software
I wonder if they still paddle students at the two schools I went to when I was living there for a couple years, hmm...
So do we all... Except, of course, those of us who can't be arsed to fork out that much cash for one game..
"It shouldn’t be so hard to protect children from the most twisted, sadistic images that the mind can imagine…"
I can't take the editorial as anything more than the personal opinion piece that it is. This is because I can imagine things much worse than anything in any videogame. Then reality shows us, on a daily basis, that things are going on in life much more twisted than anything I can imagine.
Here's one from a while back for you - PWNT!
Do you ever get tired of being just flat out wrong? I know I certainly don't get tired of seeing you PROVEN wrong...
Just the other day, I played Mortal Kombat with a friend. Did we go out and beat someone to hell? Steal a car? Kill another? No, we didn't.
There have been NINE attempts across the country so far to "refine how this law comes up in the future." All of them have failed in the courts.
These people just don't get the point. It's not about which studies they used to justify this law, it's the overall lack of conclusive evidence which killed it.
Will we ever stop hearing this?
A large majority of gamers are over the age of 18. Legally adults.
I will never understand why people have the idea that (insert latest violent game here) is for their 8 year old just because it is a video game.
They'd start with books and comics as there is no regulation on that media. They'd say that since nothing can stop a child from picking up a horribly violent book, book publishers must stop printing them. Then, his medium, the newspaper, would be attacked. The printing of crimes would be forbidden. Eventually television and movie would pay the price. Shops that sell strictly adult merchandise (liquor and porn) would be shut down. And then, the people would be victimized. We would be forbidden from using certain words or discussing certain topics in public.
OK. I'll admit that maybe a little extreme. We likely wouldn't see such measure in our lifetimes. But that doesn't mean such extreme measures are impossible. It could happen to our grand-children or great grand-children. And without our knowledge of true freedom, they wouldn't know they were missing out. It would truly be an Orwellian society.
He said it best.
"[Playing violent video games] is not passive. It’s not like sitting in a movie theater and watching someone else do the killing…"
Exactly. Playing video games is not passive. You have to actively perform ridiculous stunts. Things that you know are impossible. In a movie, you watch Arnold Schwarzenegger take a bullet without flinching and accept it. In a game, your character takes a bullet without flinching and you are happy that it didn't kill you (cause that would be so cheap). In a movie, you watch Keanu Reeves dodge bullets and accept it. In a game, your character dodges bullets and that is just awesome (I can DODGE bullets!).
Besides, the BBFC released a report a while back saying that video games had less of an effect on people than movies. Why? Because that are interactive. The passive action of watching a movie does not force the viewer to think. They merely observe. In games, you must act, and that action forces the player to know that they are merely watching a fake action.
Someone, please send this guy back to school.
i'm not convinced.
I agree with the both of you on this.
Someone else, like Governor Schwarzenegger you mean in one of his ultra violent movies? So do we have to worry about Arnold going on a killing spree because he acted out these scenes?
Also trying to get television and movies off the hook so you can bash games and still support your actor Governor is bull. I've seen just as many studies linking aggression to movies as there are about video games. But you are following a Governor who is ultimately hypocritical, so it would be impossible to not be a hypocrite yourselves.
"A little bit of irony there, isn’t it? What can you say about Schwarzenegger? He has a past and he’s looking to improve his future… I think he also has teenage kids and he knows what teenagers are doing around the house and that might have impact on him as well…"
This isn't irony. This is hypocrisy.
I saw an excellent documentary on the making of Deep Throat recently (an early porno that sparked more controversy than GTA ever will) that gives a great view on the politics of moral censorship. President Nixon actually commissioned a scientific study to determine porn's negative impact on the adult mind... only to have the scientists say there was none. Because it was not the answer he was looking for, he had the commission's findings suppressed, and pursued the banning of pornography anyway. Later, a study which used testimony instead of research, was issued, taken as fact, and used as justification in the anti-porn crusade.
You can find "Inside Deep Throat" on amazon (or if it repeats on late night HBO), though it has a number of pornographic excerpts from the movie. So the political foot notes (and an interesting interview with the attorney who believes much the same as Steve Wright) are restricted to those 17 years of age or older...
I love JT posts - who doesn't? we get to exercise logic and profanity. However, "educated" people siding based on what they want to see just makes my blood boil.
Thought crimes? Please elaborate.
Educated people can believe in anything, just as ignorantly as uneducated people. That's the point.
I know plenty of intelligent, well trained, and highly schooled conservative republicans, who find elaborate ways to explain why they believe public school teachers should be payed half as much as they are now, or why the poor should pay more taxes than the rich. They do this because they believe in those view points, not because there is scientific proof that those beliefs will help the system. Furthermore, there can not be scientific studies on most of these issues, because 'helping society' is a very abstract concept, which can only be defined (and judged) by each person's own oppinion
The biggest piece of evidence is the study which shows a corellation between violent video games and increased aggression. I would still like to see this study performed on people who take part in or watch competitive sports and see the results. I have seen grown men beat the crap out of each over arguments when watching rival teams, I have heard threats and foul language from spectators at football matches, and I have seen footage of countless brawls between professional sports teams. To this day, the worst behaviour I have seen caused by video games is some mild swearing and a few thumped desks in frustration at a camper in CS :)
There is no "body" of evidence. There are a handful at best of flawed and inconclusive studies, which do not even come close to proving any ill-effects from playing violent video games.
" - younger kids whose brains aren’t fully deveoped, whose emotional well-being isn’t fully developed…"
Do I want my under age kids playing GTA/Bioshock/Manhunt? No, of course not. But even if they were to play, I do not think it would make them violent. Perhaps teach them some inappropriate words, but nothing worse than what can be seen on most tv shows.
"[Playing violent video games] is not passive. It’s not like sitting in a movie theater and watching someone else do the killing…"
No, it is different. If you are playing a game, you know that you need to push a button to do an action in the game. This is an important disconnect between what you see and what you know. If you are watching a movie, you sit back and take it all in. Video games have this interactive double-sided quality. It makes it seem less real, as you have to concentrate and press the right buttons, but it seems more fun at the same time.
"We support Yee’s and Gov. Schwarzenegger’s push to regulate this as a society."
Pointless. Just like novels, tv, comic books, etc., video games will come to be accepted as part of our society once the nay-sayers and the out of touch/adverse to change fade into the limelight.
"To say as a society there needs to be some restriction upon this, the same way there’s a restriction on pornography… we think there’s a societal statement to be made…"
There needs to be a restriction on something that is in no way comparable to pornography? The only societal statements that are made when people try to legislate over video game content are "I will protect your children, vote for me!" and "I don't understand this new technology and this insecurity makes me decry it!"
"We think it’s worthwhile to go ahead and have this adjudicated at a higher level…"
It has been, several times. And every single time, the record never changes... no proof that video games are bad, unconstitutional, no reason to legislate, parent's responsibility...
"I hope what would happen from this kind of review, is that we’d get a clear indication of what the courts would see as being legal in order to maybe refine how this law comes up in the future."
Again... THIS ISSUE HAS ALREADY BEEN REVIEWED! In the 9 or so times that this issue has come to court, the decision has been unanimous! How can you refine how the law comes up in future other than "Was not passed then, will not be passed now".
These people seem to use the word "Ultra-Violent" because it makes whatever they are talking about seem worse. People hear "ultra-violent" and think: "I know what violent is. How much worse are these horrible video games/movies?"
Actually, your quote is perfect. They really don't know what they are talking about. They are merely making noise and using words they don't understand to get attention.
Excuse me, but the BBFC did release a report a while back saying that video games were less harmful due to interactivity. That it was the interaction with what is happening on the screen that keeps you anchored into the "real world". Whereas, the passive nature of movies can have a much greater effect as you do not maintain that "real world" quality. It's been a while since I read the report, so I may have misquoted it a little, but I'm certain that my statement reflected it's spirit.
GP: uh, Jack, the First Amendment right of minors to view violent material has been raised in a number of the federal court decisions knocking down video game legislation. Silly me, why would I expect you to, you know, actually read those decisions?
Have I lost my mind? No. Nor is anybody trying to send me for testing to evaluate such. How about you?
they used the JT word “ultra-violent” they auto-fail.
Nah, that's Leeland Yee's word. Jack's is "mental masturbation" or "murder simulator", which he borrowed off of David Grossman...
To say as a society there needs to be some restriction upon this, the same way there’s a restriction on pornography… we think there’s a societal statement to be made…
Restrictions on pornography skirt a thin line though. They are less upheld because they are absolutely "right", and more because there would be a huge public backlash should they overturn it...
That and pornography makes you horny. That's it's purpose. Violent imagery doesn't make you want to kill people, any more than Saw III makes you want to lock people up in bizarre traps (unless they really deserve it, heh ;). Instead your brain is trying to rationalize the fear and disgust of what you are seeing. The "fight or flight" response. Do you defend yourself, or do you run? What if you can do neither? This is why horror is so effective. Knowing that you cannot run nor fight shorts out the thought process, and provokes real terror.
I'm with you on your first post.
And a newspaper wanting free speech limited is like a jehova witness wanting less watchtower pamphets distributed.
And to those that think violence is hurting your kids i say this. to have brought these violent games you need money. now most that would play these games would be in their late teens which would mean they'd usually be getting their money from a job for the 8 and ten year olds you the parent would have to buy the damn game. all these attempts at legislation seem to be nothing more than lazy parenting.
Then, after you have sacrificed others' freedom to the alter of parens patriae, who will stand with you when it is your turn to face the censors' chopping block?
-That children begin playing games at an increasingly early age, but that the overall age of games players is getting older.
-There is a sharp divide between male and female games players in their taste in games and how long they spend playing.
-Female games players tend to prefer ‘strategic life simulation’ games like The Sims and puzzle games and spend less time playing than their male counterparts.
-Male players favour first ‘person shooter’ and sports games and are much more likely to become deeply absorbed in the play.
-Younger games players are influenced to play particular games by peer pressure and word of mouth, but negative press coverage for a game will significantly increase its take up.
-People play games to escape from every day life and to escape to a world of adventure without risk which is under the control of the gamer, unlike the real world.
-Games provide a sense of achievement and are active, unlike television and films which are passive. However, games are better at developing action than building character and as such gamers tend to care less about the storyline than making progress in the game.
-gamers appear to forget they are playing games less readily than film goers forget they are watching a film because they have to participate in the game for it to proceed. They appear to non-games players to be engrossed in what they are doing, but, they are concentrating on making progress, and are unlikely to be emotionally involved.
-Gamers claim that playing games is mentally stimulating and that playing develops hand eye coordination.
-Violence in games, in the sense of eliminating obstacles, is built into the structure of some games and is necessary to progress through the game. It contributes to the tension because gamers are not just shooting, they are vulnerable to being shot and most gamers are concentrating on their own survival rather than the damage they are inflicting on the characters in the game. While there is an appeal in being able to be violent without being vulnerable to the consequences which similar actions in real life would create, gamers are aware that they are playing a game and that it is not real life.
-Gamers are aware that violence in games is an issue and younger players find some of the violence upsetting, particularly in games rated for adults. There is also concern that in some games wickedness prevails over innocence. However, most gamers are not seriously concerned about violence in games because they think that the violence on television and in films is more upsetting and more real.
-Gamers are virtually unanimous in rejecting the suggestion that video games encourage people to be violent in real life or that they have become desensitised. They see no evidence in themselves or their friends who play games that they have become more violent in real life. As one participant said: “I no more feel that I have actually scored a goal than I do that I have actually killed someone. I know it’s not real. The emphasis is on achievement.”
-Non-games playing parents are concerned about the amount of time their children, particularly boys, spend playing games and would prefer that they were outside in the fresh air. However, they are more concerned about the ‘stranger-danger’ of internet chat rooms. While the violence in games surprises them and concerns some of them, they are confident that their children are well balanced enough to not be influenced by playing violent games.
-While parents agree that there should be regulation of games some are happy to give their children adult games because they are “only games”.
And here's a little quote from David Cooke, Director of the BBFC:
"The element of interactivity in games carries some weight when we are considering a video game. We were particularly interested to see that this research suggests that, far from having a potentially negative impact on the reaction of the player, the very fact that they have to interact with the game seems to keep them more firmly rooted in reality. People who do not play games raise concerns about their engrossing nature, assuming that players are also emotionally engrossed. This research suggests the opposite; a range of factors seems to make them less emotionally involving than film or television. The adversaries which players have to eliminate have no personality and so are not real and their destruction is therefore not real, regardless of how violent that destruction might be. This firm grasp on reality seems to extend to younger players, but this is no reason to allow them access to adult rated games, as they themselves often admit that they find the violence in games like Manhunt very upsetting. Parents should not treat video games in the same way they would board games. We will continue to examine very carefully those games which come to us, to flag any concerns we have and, if necessary, to use our statutory powers. "
Below is a link to the BBFC site. You can find this report under News-->Press-->"Playing Video Games - BBFC Publishes Research".
http://www.bbfc.co.uk/
Yeah, I know GP has already mentioned this report a long time ago, but not everyone may know about it. Sorry, for being redundant.
Thought-crime is from George Orwell's 1984, the idea was that some thoughts were themselves illegal, regardless of whether you acted on them or not.
Some kids are mature enough for mature games. Most aren't, because most kids are idiots. Current legislation is obviously not the answer, but something should probably be done. Maybe somebody should legislate up a law stating you have to take a test on your country's rating system of choice before you can buy a game, no matter your age. The gamers who want the game will buy the game and take the test. The parents who buy games without looking won't be bothered and will drag little Timmy away.
PROBLEM SOLVED!
i would rather your idea become company policy for all games stores instead of legislation.
of course, if i had a store i would actually like to enforce buyer awareness of products, to include making sure people didn't buy bad games.
Thus far, the courts don't seem to agree with your opinion on that.
That's not a shock, really.
Uh, Thompson, before you accuse Dennis of losing his mind, maybe you should look at the fact you've been trying to weasel out of proving you haven't lost your's.
Seriously, what do you have to hide?
Ignorance. Plain and simple.
The ignorance of people atounds me.
@ JT
Your right. Kids should not have any rights. Constitutional rights are only for adults.
E. Zachary Knight
Divine Knight Gaming
Random Tower: Game News and Commentary
It's amazing how much twaddle has been quoted as 'evidence' over the years.
let's be fair now. Jack Thompson wants constitutional rights for only himself. everyone else can take a flying leap.
Never read the book. Thank you for the clarification.
Uh, Dennis, there’s no First Amendment right to distribute adult, Mature-rated material to children. Have you lost your mind?
Dennis is right, what kind of crack have you been smoking? Courts keep agreeing all the time that the 1st Amendment protects the right to distribute mature-rated material, and that states don't have a right to impede that distribution, EVEN WHEN it's children who are doing the buying.
Do your homework, duh.
Allrighty. That sounds like a great reason to start regulating things.
The fine editor, of course, completely misunderstood the study in question. It was measuring immediate reactions, not long term exposure type of affects.
Once studies - not just one, but several peer reviewed studies - find that exposing young kids to violent video games CAUSES them to become more violent, then we should revisit this issue.
"[Playing violent video games] is not passive. It’s not like sitting in a movie theater and watching someone else do the killing"
"there needs to be some restriction upon this, the same way there’s a restriction on pornography"
When you think about it, pornography is essentially "sitting in a movie theater and watching someone else do the boinking". In that sense, Steve Wright essentially said that either violent movies should have restrictions, or that pornographic movies shouldn't.
One can't be true without the other being true.
ZING!!!
The passive vs. interactive argument has to be one of the worst arguments for such legislation. By this logic, a person would have more of a problem with a kid play GTA than a kid watching a triple-X movie.
Also the APA study said that there is a CORRELATION between playing violent games and an increase in agressive behavior. Two thigs that politicians misunderstand:
1. Agressive behavior DOES NOT equal an increase in violence.
2. Correlation DOES NOT equal causation.
Another note to Wright:
Eight other jurisdictions tried this law and failed miserably.
@Jack Thompson (learn to capitalize your name, btw)
To quote the Oklahoma State football coach, "Get your facts straight".
You're joking right E. Zachary Knight, because if you're not that is a pretty ignorant and ageist statement.