Leland Yee Urges Supreme Court Appeal of California Ruling

February 20, 2009 -

Is California's violent video game law headed to the U.S. Supreme Court?

State Sen. Leland Yee (D) thinks it should be. Yee has urged California Attorney General Jerry Brown to appeal today's 9th Circuit Court decision which upheld a lower court's ruling that the video game law he authored in 2005 is unconstitutional.

Yee, a child psychologist, released this statement: 

While I am deeply disappointed in today’s ruling, we should not stop our efforts to assist parents in keeping these harmful video games out of the hands of children.  I believe this law will inevitably be upheld as Constitutional by the US Supreme Court.  In fact, the high court recently agreed, in Roper v. Simmons (2005), that we need to treat children differently in the eyes of the law due to brain development.

 


Comments

Merhaba

Come on! Will everything be liable for a lawsuit? It is surprising how a Nintendo DS AC adapter can be blamed for starting a fire when there a millions in homes around the world and that has not happened before.

sohbet - sohbet siteleri - özlü sözler - sevgi sözleri - madencilik - sikiş

 

Re: Leland Yee Urges Supreme Court Appeal of California ...

I do not think games are the problem, the problem is education, teaches are not able reach children.

dead sea premier

Re: Leland Yee Urges Supreme Court Appeal of California ...

sbs

When the refere of a Soccer match has made their decision, 9 times already in the state of California, no matter how you bitch or moan, the refere is never going to change their decision.

And if the refere says that Videogames are Protected Speech, it means that Videogames are Protected Speech.

But no matter how good these politicians think they are, they will always be sore loosers if they don't get what they want.

sbs

Re: Leland Yee Urges Supreme Court Appeal of California ...

'In fact, the high court recently agreed, in Roper v. Simmons (2005), that we need to treat children differently in the eyes of the law due to brain development.'

 

Funny that these particular claims are made by people who were raised in a society that did far less to protect them when they were young than society does now. All that evil Media like Rock'N'Roll, Latin dancing, comic books etc were 'proven' to corrupt their minds.

Now this leaves two possible options:

(a) These people seriously need a bandwagon to be on else they feel as useless as they actually are.

(b) Society really did damage Yee when he was a child ,with all that horrible media, and he was effected, and if that's the case, what the heck is he doing as a politician?

Yees generation is the Generation that, post WW2, had the struggle of finding their own identity and individuality, his generation was famous as the 'Baby Boomers', he seems to forget that the struggles of young people when he was young is part of what inspired the more free way of thinking in younger people today. In truth, he's desperately trying to become his own father, dictating to all the little kiddies not to do anythng he used to do, and enjoy, when he was young.

Society has been getting along just fine without his law for thousands of years, I'm sure nothing cataclysmic will happen to our youth because his poorly thought-out law didn't get enforced.

Re: Leland Yee Urges Supreme Court Appeal of California Ruling

In a sense, we do treat kids differently.  How many of you have been spanked at least once for doing something bad?  As an adult, we could get arrested for doing such a thing, but as a child we'd have to take it because we "fucked" up and this is our punishment.

We are basically taking the obligation of being a parent and shitting all over it.  Eventually they will have government run Parental Facilities where you can just drop off your child and have the goverment train your child with every day things.

 

Will Smith had it right...Parent's Just Don't Understand

Re: Leland Yee Urges Supreme Court Appeal of California Ruling

When the refere of a Soccer match has made their decision, 9 times already in the state of California, no matter how you bitch or moan, the refere is never going to change their decision.

And if the refere says that Videogames are Protected Speech, it means that Videogames are Protected Speech.

But no matter how good these politicians think they are, they will always be sore loosers if they don't get what they want.

 

TBoneTony

Re: Leland Yee Urges Supreme Court Appeal of California Ruling

I stopped caring about Lee's posturing about thinking of children when he allowed the use of toxic plastics to be continuted for toys.

Re: Leland Yee Urges Supreme Court Appeal of California ...

yeah, i think you got that wrong, it's more of 10,000 cases out of 100 that are heard each year... so it's really a 1 out of a 100 shot that this silly case will be taken into consisideration IF THAT!

 

Jesus Jack Jones Thompson loves you, so die for him instead of the other way around so he can sue your ass back to the stoneage (oooh upgrade!)

Jesus Jack Jones Thompson loves you, so kill for his amusement so we can get money for the new "People's Temple of Jesus Jack Jones Thompson"

Re: Leland Yee Urges Supreme Court Appeal of California ...

So the odds are not against us per se

Watching JT on GP is just like watching an episode of Jerry springer only as funny as the fights

America has just became its own version of the Jerry Springer Show after a bizarre moment in Florida involving a carnival worker.

Re: Leland Yee Urges Supreme Court Appeal of California Ruling

You can "assist" parents with that all you want, but many of them are still going to buy M-rated games for their kids. At that point you just have to do what society seems to hate doing the most: *gasp* actually hold a parent responsible for parenting!

Re: Leland Yee Urges Supreme Court Appeal of California ...

Leland yee, If you contiune to force California to urniate on people's rights and keep Pissing away money, the state will become bankrupt(like earlier this month, due to the state budget crisis that started in december)

Watching JT on GP is just like watching an episode of Jerry springer only as funny as the fights

America has just became its own version of the Jerry Springer Show after a bizarre moment in Florida involving a carnival worker.

Re: Leland Yee Urges Supreme Court Appeal of California Ruling

Yes Yee, that's exactly what California needs right now, for you to keep dicking around with stupid bullshit laws that only the illiterate or completely braindead need. Meanwhile, we have imporatant shit to do, and I guess you don't want anything to do with that.

Also, "developing brain" does not equate to "retarded until 18 years of age".

Reality/////////////////////////////////////Fantasy. Seems like a pretty thick line to me...

Re: Leland Yee Urges Supreme Court Appeal of California ...

As more and more gamers reach the age of legal constituency, these kinds of laws will get less support. I'm tired of laws that spoon-feed parents.

GameSnooper

Re: Leland Yee Urges Supreme Court Appeal of California ...

Mr. Yee as there is nothing in these games they need protection from. Also how can a man claiming to "Protect the Children" vote against a law banning toxic plastics from childrens toys, something that actaully really does harm children. I swear kids are getting more of a green pass each day to break the law and commit crimes and then when they're caught they claim ignorance and blame the TV and they get off scott free. They event ignore their assignment, dissertation and thesis writing

Re: Leland Yee Urges Supreme Court Appeal of California Ruling

What a sore loser.

Re: Leland Yee Urges Supreme Court Appeal of California Ruling

Like a soccer player who blames the referee for his side losing the match, Yee is a bad example of a politician who needs to be dumped from the team.

TBoneTony

Re: Leland Yee Urges Supreme Court Appeal of California ...

What, no "Ultraviolence"?

Mr. Yee, you disappoint me. I needed my Clockwork Orange reference to get me through my friday afternoon! :P

Re: Leland Yee Urges Supreme Court Appeal of California ...

Leland Yee is nothing more then a two-faced hypocrite. Here is a married man who crusies the drag at night looking for protitutes and stealing $8 items from drugs stores trying to jam morality based laws down our throats. Children neither want nor need your so-called protection Mr. Yee as there is nothing in these games they need protection from. Also how can a man claiming to "Protect the Children" vote against a law banning toxic plastics from childrens toys, something that actaully really does harm children. Me thinks Mr. Lee had a nice check mailed to him by some toy manufacuers for his re-election campaign. There is a reason i despide this guy.

"No law means no law" - Supreme Court Justice Hugo Black on the First Amendment

"No law means no law" - Supreme Court Justice Hugo Black on the First Amendment

Re: Leland Yee Urges Supreme Court Appeal of California ...

Here is a married man who crusies the drag at night looking for protitutes and stealing $8 items from drugs stores

[Citation Needed]

Re: Leland Yee Urges Supreme Court Appeal of California ...

Taken from wikipedia(for everyone to know Leland yee's Colorful History and to qwell the citation needed for proof)

 

Allegations of theft and prostitution

On December 19, 1992 Per County of Hawaii Police Lt. Ed Tanaka caught Leland Yee as he walked out of the KTA Superstore in Kona's Keauhow Shopping Village with a small bottle of "Tropical Blend Tan Magnifier oil" in his front short pocket.[5] He was subsequently stopped by a store security officer who summoned the local police. Yee was booked on suspicion of petty misdemeanor shoplifting but the case was closed in 1993 without prejudice. However, the case was publicized by the San Francisco Chronicle which published Yee's mug shot.

Yee has also been pulled over by SFPD three times under the suspicion that he was cruising for prostitutes in the Mission District of San Francisco. All three times, he was questioned by police and let go with no charges filed.[6]

 

Editing Wikipedia

On September 4, 2007 it was revealed using WikiScanner that IP addresses registered to computers in the California Senate office had made changes to its Wikipedia entry favoring Leland Yee.[14] It was reported that they removed the 1992 shoplifting allegations and the video game controversies sections.

These are the only controversies that I know about Leland yee aside from the video game controversey(that are cited on his Wiki bio)

Watching JT on GP is just like watching an episode of Jerry springer only as funny as the fights

America has just became its own version of the Jerry Springer Show after a bizarre moment in Florida involving a carnival worker.

Re: Leland Yee Urges Supreme Court Appeal of California ...

Case was closed...no charges filed...

So much for the presumption of innocence.

"There is no sin except stupidity." - Oscar Wilde

"De minimus non curat lex"

Re: Leland Yee Urges Supreme Court Appeal of California ...

"While I am deeply disappointed in today’s ruling, we should not stop our efforts to assist parents in keeping these harmful video games out of the hands of children."

Your efforts? The retailers' effort have led to a 80% success rate in this issue. These politicians efforts have led to a 100% failure rate and a massive amount of expenditure.

"I believe this law will inevitably be upheld as Constitutional by the US Supreme Court."

In complete opposition to what has been decided twice already.

Re: Leland Yee Urges Supreme Court Appeal of California Ruling

He looks so sad in that picture.  Like somebody killed his puppy.  Also I hope someone killed his puppy

Re: Leland Yee Urges Supreme Court Appeal of California ...

No, i'd feel sorry for the puppy. Now if they found some incriminating evidence of him with some prostitutes that would be great. I heard for a married man he has quite a liking for them.

 

"No law means no law" - Supreme Court Justice Hugo Black on the First Amendment

"No law means no law" - Supreme Court Justice Hugo Black on the First Amendment

Re: Leland Yee Urges Supreme Court Appeal of California Ruling

we need to treat children differently in the eyes of the law due to brain development

Mr. Yee is a smart man, by he misses the fact that the law ALWAYS treats children differently, otherwise we'd have a bunch of drunk, and smoking 5 year olds.  You don't need to quote a recent case.  And for his benefit, children can't enter binding contracts, make medical decisions, or stay home alone at a young age, either.

Re: Leland Yee Urges Supreme Court Appeal of California ...

I think he should do it.  Then we get a SCOTUS ruling in our favor and he gets out voted out of office for wasting California's time and money.

 

"That's not ironic. That's justice."

"That's not ironic. That's justice."

Re: Leland Yee Urges Supreme Court Appeal of California ...

I doubt It'll head to the US supreme court (given the case that they have 100 cases a year out of a 1,000)

Watching JT on GP is just like watching an episode of Jerry springer only as funny as the fights

America has just became its own version of the Jerry Springer Show after a bizarre moment in Florida involving a carnival worker.

Re: Leland Yee Urges Supreme Court Appeal of California ...

People like Arnold, Leland, and the rest of the old fogies will only be ousted if we the younger generations activly make an effort of taking the reigns of power from them weither it be via voting (and getting others to vote alike) or steping into the shoes of a senator or congressman ourselves.

-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Responsibility: Something that everyone has, but no one seems to want when something goes wrong. -=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-

Re: Leland Yee Urges Supreme Court Appeal of California Ruling

"I believe this law will inevitably be upheld as Constitutional by the US Supreme Court."

I would submit that you don't exactly have a good track record to base that claim on, Congressman.

Seriously, that goes beyond tenacity and just sounds incredibly pompous.

M. Carusi

Capitol Gaming

http://capitolgaming.blogspot.com

Re: Leland Yee Urges Supreme Court Appeal of California ...

He should put his money where his mouth is. If he's so sure he should "loan" the state the money for the appeal, to be returned on success. On failure, he personally pays every dime of the state's court costs from the beginning.

Re: Leland Yee Urges Supreme Court Appeal of California Ruling

Hae to break it to you, Mr. Yee, but the Supreme Court will more than likely not hear California's appeal of today's 9th Circuit ruling against your worthless video game law, since all the court rulings are in favor of the video game industry.

Mr. Yee, be a man, admit defeat, and move on.

Geaux Saints, Geaux Tigers, Geaux Hornets, Jack Thompson can geaux chase a chupacabra.

Geaux Saints, Geaux Tigers, Geaux Pelicans. Solidarity for the Saints = No retreat, no surrender. 2013 = Saints' revenge on the NFL. Even through the darkest days, this fire burns always.

Re: Leland Yee Urges Supreme Court Appeal of California Ruling

Are you thirsty, Mr. Yee? How about a nice cup of Shut the Fuck Up?

 

Personally, I want the Supreme Court to hear this so the matter can be settled once and for all. I also think Californians should recall Governor Schwarzenegger and urge that Mr. Yee be expelled from the State Senate.

Join the YouTube Boycott! Avenge the suspension of PlayItBogart and the hacking of Armake21!

Re: Leland Yee Urges Supreme Court Appeal of California ...

Gov Arhnold "Get to the choppa" Schwarzenegger: I think his term is going to be up soon

State senator Leland "Needs a cup of STFU" Yee: He may no longer be in the senate

Watching JT on GP is just like watching an episode of Jerry springer only as funny as the fights

America has just became its own version of the Jerry Springer Show after a bizarre moment in Florida involving a carnival worker.

Re: Leland Yee Urges Supreme Court Appeal of California ...

For Mr. Yee, from a Mr. Diego Armando.

EDIT: Whoops, got his name wrong. *facepalm*

EDIT 2: Got a smaller pic, to appease the mods.

SDD: Made an OBJECTION! (click the pic) to add salt to the wound.

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"A Chrono Trigger is anything that unleashes its will or desire to change history!" -Gaspar

Re: Leland Yee Urges Supreme Court Appeal of California ...

Unless the parents are borderline retarded I can't imagine what is so complicated about ESRB game ratings? Unless their IQ is a single digit number I can't see what more they need to make a decision about choosing a game. As TK n Happy Ness said all this is about is parents not wanting to their job and be parents and have the government police their children when it should be them doing it. I wager half the parents complaing about game content are the ones who buy it for their kids and then complain about it. They don't have a leg to stand on. I don't know why somone doesn't chew these people out and point the truth out but oh well. As for brain development.....how many scapegoats are these ppl trying to give children when they do something wrong? I know kids brains are developing but they weren't born yesterday most know what they are doing is wrong even if they can't fathom all the consequences and should be held accountable. I swear kids are getting more of a green pass each day to break the law and commit crimes and then when they're caught they claim ignorance and blame the TV and they get off scott free.

"With free speech either all of it is ok or none of it is." Kyle Broflovski

Re: Leland Yee Urges Supreme Court Appeal of California ...

While I agree that someone should come out and chew them out by pointing out that it is almost always they (the parents) fault, no one would listen to them since no one whats to take the blame. First I will refer you to my Sig at the bottom of my post. Then allow me to quote a famous line: "The Truth, you cant handle the truth!"

-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Responsibility: Something that everyone has, but no one seems to want when something goes wrong. -=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-

Re: Leland Yee Urges Supreme Court Appeal of California Ruling

You'd think anyone with a degree in psychology would have taken the first step of establishing whether certain video games are or aren't actually harmful before attempting to save the children from them.

Of course, he didn't... here merely assumed and used circumstantial and largely correlative evidence to "prove" a causative influence, but that's okay because others have done this research for him. Of course... he still refuses to actually LISTEN to the evidence in favour of his own sophistry.

This guy's a child psychologist? Yah... no wonder he switched to politics.

Re: Leland Yee Urges Supreme Court Appeal of California ...

The simple fact of the matter is no child should be exposed to games in series like GTA, F.E.A.R., and manhunt 2.

Nor should any child under the age of 14 be allowed unsupervised internet access, ever. It's a bad idea.

No one under the age of 14 should be allowed to watch adult swim on cartoon network, either. But they do, kids get into it.

What's the answer? Well, yes the industry needs a worikng, unbiased ratings system that isn't linked to the ESA or a similar company, and there needs to be enforcement (Red barcodes on the games in stores that require ID, etc, but only for 'hard' M ratings)

The real answer is the parents need to get the hell off their asses and monitor their kids. If they don't want their kids getting into violent games, they need to password protect their computers and themselves install the games, and put the kids on a basic account.

If they don't want them into violent console games, avoid the xbox 360 and PS3 entirely if they're lazy, or actually monitor the consoles. These consoles are internet devices that allow chat! Treat them like a computer, the same dangers on a PC's internet are present on these consoles, and there's less control over access!

Lastly, the government needs to gtfo of raising our children. The public schools that are mandatory and unavoidable, that your taxes pay for, have less than a 100% literacy rate on children with no cognitive disabilities, I think that says enough about it.

Our government has no place in raising this nation's children, the public school system usurps this power and abuses the children it gets its claws into. Anyone not destined to a blue collar job is underserved by it. What do you think we'll have if they start filtering content?

Re: Leland Yee Urges Supreme Court Appeal of California ...

Would you like to provide proof, and I mean real proof of the ESRB's bias?  Cite specifics, please.

It also always cracks me up when people say we need a ratings system not funded by the industry.  First off, the ESRB overall has a very positive public perception.  Most parents and many politicians as well find it to be quite helpful.  Second, if the industry doesn't fund it, what are your options?  The government?  Yeah, right.  So, an independent body, then.  Ok, find me some disinterested third party willing to pay for the operating costs out of his/her own pocket for something they don't even care about, and we'll discuss it.

I also find it interesting how the 2nd half of your post espouses parental responsibility but the first half makes an unequivocal age cutoff at 14 for edgy content.

"There is no sin except stupidity." - Oscar Wilde

"De minimus non curat lex"

Re: Leland Yee Urges Supreme Court Appeal of California ...

@hayabusa75

While it isn't proof of bias, it's proof of incompetance. The oblivion ratings change. While I can anecdotally say it's because of the mod that unlocked the topless female texture, it was because they hadn't gone through the game.

Who else would do it? I wouldn't want our government to do it at all. I will, however, concede that if the ESRB published its testing methodology that I wouldn't mind it as much. If they went as far as to take video of their gameplay and post up snippets that affected the rating, I wouldn't mind as much. However, the oblivion fiasco is proof that they aren't playing through all the games they receive for rating, and thusly are not doing their job of giving even handed ratings.

I believe I saw an article stating the ESRB rates games based on developer submissions of the content, instead of the actual end product itself, and that's why they had the trouble with oblivion.

The first part of my post was mainly about unmoderated internet access. Young teenagers and children really lack the judgement they need to safely access the internet without parental supervision, and I don't mean 'sitting over the shoulder', I mean no internet access in the bedroom, etc.

The adult swim comment came to mind thinking specifically of the shows 'dethklok' and 'superjail'. That was a bit too absolute a comment, I'll admit that.

Re: Leland Yee Urges Supreme Court Appeal of California ...

"I will, however, concede that if the ESRB published its testing methodology that I wouldn't mind it as much."

It's right here.

 

Andrew Eisen

Re: Leland Yee Urges Supreme Court Appeal of California ...

So they aren't really rating the game, but what ever the developer feels like submitting. This isn't that much different from the self rating system, except that the developers can't hide huge amounts of content.

---reads the last paragraph carefully---

*Sarcastically* So, how much do you have to pay to make sure you aren't 'hand picked' or 'randomly selected'?

Seriously though, why in the world aren't they reviewing every game, with anything more than an obvious E 3 and up, in the game's entirety?

Re: Leland Yee Urges Supreme Court Appeal of California ...

 If i recall, the esrb does have penalties for leaving out details in the submissions. As in i think their is kind of a contractual agreement or something that requires the developers to submit all the material of the game that would have an influence on the rating... certain items pass under the radar though since even the developer did not think it needed to submit the content; GTA for example, the content had been blocked and would not be seen in the normal game play and thus rockstar did not feel it needed to tell the ESRB about it as ESRB has never asked for that kind of stuff thinkign about how it might be unlocked through modding

Would you have the ESRB play the games instead? how much would you have them play? Do you have any idea how long it would take to rate a game if they had to look through every tiny corner of the game in the off chance they might miss something. Play through only part of the game and you might miss something important; play all the way through and you could takes weeks or even months to rate the game. Think of RPG's that have minimal playing times of like 70 hours, or games that might utilize randomly generated levels and thus could never been 100% explored. Can you imagine taking a game like GTA and having to take Niko to explore every tiny corner of the city in the off chance their is something AO rated hidden in a corner somewhere? When it comes down to it, no amount of playing through the game would have allowed the ESRB to for see stuff like the GTA and oblivion modding; grant it, they could have spotted it if you asked them to examine every single line of code... but i can only imagine how long the code would be for games like that and it too would take a very long time to look through

In essence, because of how long games can be, and because playing only part way through a game can result in missing something important, the method of having the developers submit the content is the most efficient and thus far, aside from just a scant few muck ups, it's a system that has worked. Developers have little reason to lie about content of their games to try and get a lower rating as they know from the GTA fiasco that they will not get away with it anyway...

Re: Leland Yee Urges Supreme Court Appeal of California ...

Then have them play through it on top of the developer's submission. The oblivion problem was retroactively explained as missing much of the blood and gore, when the majority of it can be seen and predicted the first time that zombie comes tottering around the corner in the beginner's dungeon.

A full run of oblivion's main quest takes <15 hours. Everything else is sidequesting. Even if the entire game isn't played completely through, we've more than doubled what they're doing now to verify content.

Re: Leland Yee Urges Supreme Court Appeal of California ...

But why bother?  One game out of multiple thousands was misrated.  Big deal.  It was addressed and remedied quickly.

 

Andrew Eisen

Re: Leland Yee Urges Supreme Court Appeal of California ...

Why so much mistrust?  By my count there have only ever been three mistakes:

GTA: San Andreas - The rating should not have changed from M to AO because the hot coffee content was inline with the original rating.

Oblivion - Should have been rated M in the first place.  Not sure what happened here.  The ESRB says Bethesda didn't disclose everything, Bethesda says it did.

Forsaken 64 - Should have been T.  There is nothing in that game that merits an M.

That's only 3 boo-boos out of the thousands and thousands of rated games.  Pretty good track record if you ask me.  Even so, the ESRB is constantly making improvements to its methodology.

 

Andrew Eisen

Re: Leland Yee Urges Supreme Court Appeal of California ...

Lemme put it this way...

They are not playing through the games, our "M" rating is an amalgation of the movie industry's upper end of PG-13, R, and NC-17 ratings in how its used, and I don't like anything the ESA has a hand in. That's actually ordered from biggest to smallest reason. =P

If they made a distinction between our more violent "PG-13" games, our "R" games, and our "NC-17" games, I'd have a lot less of an issue with them and probably wouldn't care.

Where they've screwed up in my opinion is not in misrating games into wrong catagories, but leaving out a catagory altogether.

Re: Leland Yee Urges Supreme Court Appeal of California ...

Baloney.

Even Hot Coffee's "AO" wasn't any worse than R (see American Pie)

Re: Leland Yee Urges Supreme Court Appeal of California ...

As the poster above me said, aren't the content descriptors enough to differentiate the different "levels" of an M rating?

 

Andrew Eisen

Re: Leland Yee Urges Supreme Court Appeal of California ...

The M-rated games are further distinguished through the content descriptors, just as R-rated comedies and R-rated action flicks have different descriptors.  I could see your point if the M rating was all people have to work with, but that's not the case at all.

Also, it's logistically impossible for the ESRB raters to play every game through to its entirety.  This has been discussed many times over on this site, but unfortunately I have to go to work now, so maybe someone else (Andrew, maybe?) can summarize the issue for me.

"There is no sin except stupidity." - Oscar Wilde

"De minimus non curat lex"
 
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