MSU Professor Backs California in Upcoming Videogame Law Fight

May 28, 2010 -

In what can only be categorized as "no great shock to our readership," Michigan State University law professor Kevin Saunders will help the state of California when the Supreme Court revisits Schwarzenegger v. Entertainment Merchants Association later this year. Saunders will help co-author an amicus brief to help California’s position when arguing its case before the U.S. Supreme Court during its 2010-11 session, which begins in October. As you probably already know, Saunders testified during the 2005 California State Assembly Judiciary Committee hearings on the issue at the invitation of Leland Yee. His arguments were obviously against the industry and for the law written by Yee.

Saunders' statements on the matter almost sound like the ECA's, EMA’s or the ESA's position:

"Parents need to play an active role in deciding what is appropriate for their children."

No disagreement there. But then he makes it sound as if the law helps to insure that universal truth:

"This law would leave it to parents to buy the games they will allow their children to play, taking the decision out of the hands of retailers."

This is an odd statement considering that the decision has always been with the purchaser and not the retailer - especially parents. No laws are required to make this possible. Retailers follow ESRB guidelines and require proof of age - as warranted - to buy "Mature" rated games. In fact, data from the Federal Trade Commission's Dec. 2009 news release, "FTC Renews Call to Entertainment Industry to Curb Marketing of Violent Entertainment to Children," indicates that the industry and retailers are doing a pretty good job of self-regulation:

"..Further, retailers are enforcing age restrictions on the sale of M-rated games to children, with an average denial rate of 80 percent. The report notes, however, that children may be able to obtain M-rated games by, for example, using retailer gift cards online."

Other entertainment industries had lower rates of rejection, according to that same release: the movie industry turned away 72 percent of underage movie goers from "R" rated movies; while seven in 10 underage shoppers were able to buy CDs with a Parental Advisory Label from retailers.

None of that matters to Saunders; this is a way to help execute a long-held belief that the First Amendment should have an exception when it comes to violent content, just like the court has recognized sexual content in some cases. Saunders has argued for years that the "obscenity exception" to the First Amendment should be extended to violent material.

Likewise, the State of California argues that violent games have "no redeeming value and should not be entitled to constitutional protection." The Yee authored law restricted the sale or rental of violent video games to anyone younger than 18. The law broadly classified violent content as "depictions of violence in games that are offensive to the community" or violence in an "especially heinous, cruel or depraved’ manner."


Comments

Re: MSU Professor Backs California in Upcoming Videogame ...

The law broadly classified violent content as "depictions of violence in games that are offensive to the community" or violence in an "especially heinous, cruel or depraved’ manner."

& isn't it only offensive when the community complains about the content numerous times? But it would also be wrong to let the parent play the game, but then get mad at the child(ren) for playing the game or else them using offensive language.......then that would be wrong. B/c the child(ren) is only seeing & doing & saying what the parent is doing. Monkey see, monkey do.

 

 

"It's better to be hated for who you are, then be loved for who you are not." - Montgomery Gentry

"It's better to be hated for who you are, then be loved for who you are not." - Montgomery Gentry

Re: MSU Professor Backs California in Upcoming Videogame ...

Translation: "I am going to help California spend more money it doesn't have to defend a useless law that a government official is trying to pass only for brownie points with lazy parents"

Re: MSU Professor Backs California in Upcoming Videogame ...

"Parents need to play an active role in deciding what is appropriate for their children."

Last time I checked, Parents already had the ability to do this.

Re: MSU Professor Backs California in Upcoming Videogame ...

Yup and even if your kids gets their hands on an innappropriate game there's things you can do to make sure they can't play it (at least at your house).

----------------------------------------------------

Debates are like merry go rounds. Two people take their positions then they go through the same points over and over and over again. Then when it's over they have the same positions they started in.

---------------------------------------------------- Debates are like merry go rounds. Two people take their positions then they go through the same points over and over and over again. Then when it's over they have the same positions they started in.

Re: MSU Professor Backs California in Upcoming Videogame ...

Unless you don't give two craps about your kids and are too worried with your own life than your childs.....

Re: MSU Professor Backs California in Upcoming Videogame ...

The unspoken assumption here is that violent videogames are harmful - an assertion that has never been shown to be true in any study whatsoever. You can care a lot about your kids and still let them play a violent videogame, because we have no evidence showing that violent videogames are any more harmful than cuddly teddy bears.

This is a witch hunt mania. We should not be encouraging the witchfinders by agreeing with their premise.

Re: MSU Professor Backs California in Upcoming Videogame ...

This is the same moron who created a Book about Regulating Violence as obscenity

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.

 
Forgot your password?
Username :
Password :

Shout box

You're not permitted to post shouts.
ZippyDSMleePaypal shuts down Mega's payment system. https://torrentfreak.com/under-u-s-pressure-paypal-nukes-mega-for-encrypting-files-150227/03/01/2015 - 3:25pm
Matthew Wilsonvalvle planning to release a vr headset this year wtf http://www.pcgamer.com/valves-vr-headset-is-named-vive-and-htc-are-making-it/03/01/2015 - 1:05pm
ZippyDSMleeuuuhhhggg in other news been sick since last night.....uuhggg.....I iwsh it did not hurt so much when my tummy wants to leave my body..02/28/2015 - 11:39pm
ZippyDSMleeBrings me to the Q why alt costumes would be needed in competition anyway... http://www.eventhubs.com/news/2015/feb/28/dead-or-alive-community-aims-ban-over-120-overly-sexualized-costumes-dead-or-alive-5-last-round/02/28/2015 - 11:36pm
MonteThough from a business side, i would agree with the article. While it would be smarter for developers to slow down, you can't expect EA, Activision or ubisoft to do something like that. Nintnedo's gotta get the third party back.02/28/2015 - 4:36pm
MonteThough it does also help that nintendo's more colorful style is a lot less reliant on graphics than more realistic games. Wind Waker is over 10 years old and still looks good for its age.02/28/2015 - 4:33pm
MonteWith the Wii, nintnedo had the right idea. Hold back on shiny graphics and focus on the gameplay experience. Unfortunatly everyone else keeps pushing for newer graphics and it matters less and less each generation. I can barely notice the difference02/28/2015 - 4:29pm
MonteON third party developers; i kinda think they should slow down to nintendo's pace. They bemoan the rising costs of AAA gaming, but then constantly push for the best graphics which is makes up a lot of those costs. Be easier to afford if they held back02/28/2015 - 4:27pm
Matthew Wilsonhttp://www.forbes.com/sites/insertcoin/2015/02/28/the-world-is-nintendos-if-only-theyd-take-it/ I think this is a interesting op-ed, but yeah it kind of is stating the obvious.02/28/2015 - 2:52pm
prh99The government probably doesn't need an app, but I was think more along the lines of a company that was going to sell the collected info. “If you're not paying for the product, you are the product” sometimes even if you pay.02/28/2015 - 1:50pm
E. Zachary KnightWhat better way for the government to keep track of you than to get you to install an app that lets you insult the government.02/28/2015 - 11:03am
prh99No, but I looked it up and it's basically spyware. Their privacy policy says their apps tracks among other things your location and browsing habits via cookies.02/28/2015 - 8:20am
Ryan RardinHas anyone here heard of an app called iCitizen? It's basically Yelp for politicians.02/28/2015 - 5:16am
Andrew EisenAh, not linked in the way you (and everyone else) want and expect. That's true.02/27/2015 - 10:06pm
Matthew Wilsonthey are not linked in a way that tracks purchases though. the fact that they have to send a code for the other system shows that they are not linked in the way it counts.02/27/2015 - 9:39pm
Andrew EisenAccounts are already linked. Have been for quite a while. Also, Mario vs. Donkey Kong was announced as a cross-buy title during last January's Nintendo Direct.02/27/2015 - 9:25pm
Matthew Wilsonhttp://www.vg247.com/20…/…/27/olli-olli-3ds-wii-u-cross-buy/ I wounder if this is a sign that Nintendo may finally link accounts across the 3ds/wiiu in the near future.02/27/2015 - 9:18pm
prh99http://www.romanoriginals.co.uk/invt/70931?colour=Blue The dress does comes in white and blue but both have black lace and a sheer back top, I don't see gold or brown. 02/27/2015 - 8:54pm
ZippyDSMleeDungeons was a so bad so good game to me so I been keeping up with its sequel which will more of a Dungeon Keeper clone. As for pre order out of 7 preorders I was not burnt by 2... Add my contempt of most of modern game design.Ya I have all kinds of hurt.02/27/2015 - 8:40pm
MechaTama31I don't even want to know...02/27/2015 - 8:22pm
 

Be Heard - Contact Your Politician