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.
PHX Corphttps://www.kickstarter.com/projects/iga/bloodstained-ritual-of-the-night/description apparently Bloodstained: ritual of the night will have a Wii U version(through Armature Games)05/26/2015 - 9:02pm
WonderkarpSo I found out I'm Invincible Today. I drove through a Tornado and didnt even know it. was windy and torrential downpour but I drove through like a boss. 05/26/2015 - 7:35pm
ZenEnded up giving the code to Andrew so he gets to be the other guinea pig lol.05/26/2015 - 6:53pm
ZenSo...who wants to help with an experiment and get a free game for 3DS and possibly Wii U lol? Gave a friend the Wii u OlliOlli code from the Humble Bundle and it gave him the 3DS one too. Still have a 3DS code which may give a Wii U version too.05/26/2015 - 4:35pm
Zenjust wish they had been as open about development as they were with X1 and PS4. All we got were interviews saying everything was great and then this lol.05/26/2015 - 4:14pm
ZenYeah, he brought it up again as time went on and stated it was not to be taken seriously. And I am in NO way defending people who are acting like...well....the not so nice way to say "butts". And I don't personally think they haven't worked on the game, I05/26/2015 - 4:12pm
Andrew EisenSo I can see why Bell would be ultra defensive and snippety. But, again, still not an advisable thing to say.05/26/2015 - 3:57pm
Andrew Eisennot to mention horrifically insulting.05/26/2015 - 3:56pm
Andrew EisenAgreed, even out of frustration, not an advisable thing to post. As for the rest, sounds like it thought its tweeks and optimizations would work. The idea that it was stringing everyone along and not actually working on it is nearly nonsensical...05/26/2015 - 3:55pm
Zenand looking great...yet refused to even show a single screen shot while touting their open development on X1 and PS4. People are now asking if they even worked on the game or if it was dropped in the beginning & they were keeping up appearances instead.05/26/2015 - 3:53pm
ZenI understand that, but making a blanket statement to cover an entire market like that will do nothing more than push consumers away or alienate a group. Other issues stem from the interviews and public announcements they made stating the game is running05/26/2015 - 3:52pm
Andrew EisenNot an advisable thing to post, I'll grant you.05/26/2015 - 3:47pm
Andrew EisenReading the thread, it looks like he's just getting frustrated with the obnoxious and unreasonable members of the board (most of whom signed up that day).05/26/2015 - 3:47pm
ZenNintendo users in general by stating "Yup, and if you need to pass this on, we really dislike Nintendo users." on their forum. Sincere or not, it's annoyed some fans & put doubt on the company even trying.05/26/2015 - 3:35pm
ZenThey pushed that even just a few months ago it was running great, with effects, but they just needed a few tweeks before release. I posted about this last night, but it has since cycled thru. Ian Bell also had some fairly disparaging things to say about05/26/2015 - 3:34pm
Matthew Wilson@AE @iamc they admired they cant do wiiu, and they have a valid reason for it. the wiiu is too weak.05/26/2015 - 3:24pm
Andrew EisenLied about what?05/26/2015 - 3:11pm
IanCThey outright lied, they kept pushing that it was coming out on Wii U right to they got a publisher, then went quiet. Funny that...05/26/2015 - 3:09pm
Matthew Wilsonhttp://www.vg247.com/2015/05/26/project-cars-struggling-to-hit-720p30fps-on-wii-u/ I love that he is honest. they admited that they are at their wits end with the wiius hardware.05/26/2015 - 1:48pm
E. Zachary KnightHumbleSupport has said the codes don't expire. So That is pretty tempting.05/26/2015 - 1:38pm
 

Be Heard - Contact Your Politician