IGDA Statement on SCOTUS Decision

April 30, 2010

The International Game Developer's Association (IGDA) issued a statement today condemning the censorship of video games, in a show of support to the industry in the wake of the U.S. Supreme Court's recent decision to review Schwarzenegger v. Video Software Dealers Association, 08-1448 this fall.

Limiting forms of expression in video games limits the expression of game creators, which violates their constitutional rights to free speech in the United States and abroad as specified by Article 19 of the Universal Declaration of Human Rights from the United Nations.

In the specific case of the state of California's Schwarzenegger v. Video Software Dealers Association, 08-1448, which is coming before the US Supreme Court this fall, the IGDA's position is that limiting the sale of video games based on violence is oppressive censorship, singling out one form of expression based only on popular myth and biased research.

The IGDA is committed to the safety of children and supports fair and objective research on the effects of video games on the psychology of children and adults alike, as exemplified by the $1.5 million federally funded Harvard Medical study headed by Drs. Kutner & Olsen and provided to the public in Grand Theft Childhood: The Surprising Truth About Violent Video Games and What Parents Can Do. The IGDA stands behind informing parents about their media decisions and allowing them, rather than governmental bodies, to decide for their children.

You can read the rest of the statement at the IGDA site. While we already knew where the IGDA stood on this and other laws that look to the government to regulate video games and look to punish retailers, there's nothing wrong with standing up and letting everyone know anyway.


Comments

Re: IGDA Statement on SCOTUS Decision

You can still make and sell games which have ultra-violent content? even if the decision requires yoo to not sell these games to minors e.g. no 13 year old can get a game rate that has a 17 (mature) mark on it from the ESRB. Parents will have to be involved to buy the games for the under 17+ guys and girls. And doesn't every store (or nearly?) require people that want to buy Mature games to be over the age 17+ already?

Re: IGDA Statement on SCOTUS Decision

Just out of curiosity, isn't the statement jumping the gun?  How is reviewing a law that is actually on the books against freedom of speech?  I think this statement should have been saved until they at least actually got around to reviewing it, so it would have made the most impact on the minds that matter.

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With the first link, the chain is forged.

--- With the first link, the chain is forged.

Re: IGDA Statement on SCOTUS Decision

There comments on violation of freedom of speech are about the law itself not the coming judicial review.

E. Zachary Knight
Oklahoma City Chapter of the ECA
http://www.theeca.com/chapters_oklahoma

Re: IGDA Statement on SCOTUS Decision

Ah, thanks.  I mistook it as the comments were about the judicial review.

---

With the first link, the chain is forged.

--- With the first link, the chain is forged.

Re: IGDA Statement on SCOTUS Decision

If ultra violent games are banned in the US beacuse of retail stores and consoles we can import our games from Europe and tell the government that we can just give our money else where. Until they ban the importing of uncensored/banned video games. :'( I hope games are not toned down here like they are in Germany to be sold and still given an 18 rating.

Re: IGDA Statement on SCOTUS Decision

 The problem however is the simple fact that the US makes a large amount of the violent games in the industry. If there is any form of regulation that winds up keeping violent games off american store shelves american developers will stop making those kinds of games and will water everything down. The japanese and european markets are not good enough for the american publishers to deem it worthwhile to make ultra-violent games; so those games will be gone for good... only games you'll be able to import are European and Japanese made games... however without the American market, i can see the European publishers also watering down their games so they don't have to loose the american market. 

Re: IGDA Statement on SCOTUS Decision

American developers may just move north.  Great tax breaks exists in a number of Canadian provinces.  EA's largest studio is already here in Vancouver.  Lots of others as well.

Watering down is almost certain even in this case though.  There wouldn't be enough import business to avoid it.

===============

Chris Kimberley

===============

Chris Kimberley

Re: IGDA Statement on SCOTUS Decision

One tactic the game industry can use is to mention the chilling effect on retailers who would refuse to stock games for fear of violating the law due to its vagueness. Then they can say that the law infringes on the rights of adults, in case the Ginsberg obscenity standard is used instead of strict scrutiny.

This approach would focus on analogizing the law to the Children's Online Protection Act, which was found unconstitutional. That case said that the law prevented adults from viewing pornographic material that was not obscene to them, while less restrictive means, namely filtering software, were available. Again, say that there is a chilling effect from stores erring on the side of caution and not stocking certain titles, preventing adults from buying the games, when the less restrictive means of voluntary ratings enforcement and parental controls are available.

I recently spoke with my old 1st Amendment law professor and my current boss (I am an attorney), and they both said the court could uphold the law based on Ginsberg. So rather than focusing on the rights of minors, I believe they can get around this by saying the law is unconstitutionally vague and could lead to expression being stifled for adults.

Re: IGDA Statement on SCOTUS Decision

If you're Right and the video game industry uses the Chilling effect and Adults may lose rights due to the law, I think we will end the Rediclous Media censorship War once and for all

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

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

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