Scholars File Brief Opposing California Videogame Law

September 20, 2010 -

Eighty-two scholars and researchers signed their name to a brief voicing opposition to the California law at the center of Schwarzenegger vs EMA.

Noting that the issue now awaiting a Supreme Court ruling is subject to strict scrutiny because it attempts to regulate the sale of games based on content, the scholars’ brief argues that California has neither provided “substantial evidence” that games cause psychological or neurological harm to minors playing them, nor does the state “demonstrate that the restriction will ‘alleviate these harms in a direct and material way.’”

Additionally:

Indeed, California does not offer any reliable evidence, let alone substantial evidence, that playing violent video games causes psychological or neurological harm to minors. California confesses it cannot prove causation, but points to studies that it says show a “correlation” between the two. But the evidence does not even do that.

Furthermore, the brief states that California and Senator Yee “ignore a weighty body of scholarship undertaken with established and reliable scientific methodologies, debunking the claim that the video games California seeks to regulate have harmful effects on minors.”

The brief then systematically dispatches research cited by California, including that of Douglas Gentile, which was billed as “rife with methodological flaws”, and Craig Anderson, whose research was labeled as “no help to California.”

Research leveraged by Senator Yee was additionally labeled as reliant on a “one-page statement of scholars,” while his mentioning of “recent research,” “new data,” and “hundreds of studies” to back his claims were deemed “broad assertions,” with citations appearing “rarely.”

Those signing on to the brief included Texas A&M International University Assistant Professor Christopher J Ferguson and Harvard Medical School’s Cheryl Olson.

View or download the full brief (PDF) here.

Comments

Re: Scholars File Brief Opposing California Videogame Law

From the brief, page 17:

"Even if the Gentile survey were relevant, it simply does not say what California says it does. California states that the survey “suggest[s] a causal connection between playing violent video games and aggressive behavior.” Pet. Br. 53. It does no such thing. The survey makes absolutely no finding that exposure to violent video games leads to physical aggression. To the contrary, it explicitly cautions against making that inference: “It is important to note . . . that this study is limited by its correlational nature. Inferences about causal direction should be viewed with caution.” JA 638 (emphasis added)"
[bold emphasis added by me]

Lovely. Simply lovely.

The further question that the Gentile survey asks, as well:

"Are young adolescents more hostile and aggressive because they expose themselves to media violence, or do previously hostile adolescents prefer violent media? Due to the correlational nature of this study, we cannot answer this question directly."

Shows you how much California lawmakers read.

[edit] And hey, in the footnotes on page 18, a reference to Grand Theft Childhood. :D

Re: Scholars File Brief Opposing California Videogame Law

Shows you how much California lawmakers read.

Also shows how they failed reading comprehension.

Geaux Saints, Geaux Tigers, Geaux Hornets, Jack Thompson can geaux chase a chupacabra. Hell will stay frozen over for quite a while since the Saints won the Super Bowl.

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: Scholars File Brief Opposing California Videogame Law

Call me cynical if you want to, but I suspect that counsel on brief know full and well that their "studies" don't establish the required causal link but nevertheless attempt to cast them as doing just that. It's what's known in the legal profession as "bullshitting the court."

Re: Scholars File Brief Opposing California Videogame Law

 Indeed. If i recall i think part of California's argument is that they admit they lack strict evidence because they can't conduct the kind of studies they would need to do that would prove a casual link. Afterall such a study would not only take multiple years but also require that maintain strict control over the subjects' media consumption and social interaction to avoid the effects of outside factors, and that is just full of serious ethical problems; especially if you need to use minors... So they are trying to use that excuse to get by without the need for absolutely strict evidence. And so they are trying to exaggerate and distort the results of their studies just in an effort to build even the most minimal link.

Re: Scholars File Brief Opposing California Videogame Law

And even that argument is wrong (that they can't conduct the studies)... from page 34-35:

"At minimum, the scholarship that California and Senator Yee ignore belies the notion that the “substantial evidence of causation” standard imposes an “insurmountable hurdle” on science or legislatures. Pet. Br. 52. These studies show unequivocally that the causation research can be done, and, indeed, has been done. The problem confronting California and Senator Yee thus is not the constitutional standard; it is simply their inability to meet that standard in this case because validated scientific studies prove the opposite, leaving no empirical foundation for the assertion that playing violent video games causes harm to minors."

I really don't see how California can win.  They can't win on science, they can't win on first amendment... are they ahead on anything other that "common sense" and "think of the children"?

 

------- Morality has always been in decline. As you get older, you notice it. When you were younger, you enjoyed it.

Re: Scholars File Brief Opposing California Videogame Law

Unfortunately, the Supreme Court's got a history of making more than their fair share of dead-ass wrong decisions. See, e.g., Korematsu, Plessy, Dred Scott, etc., etc.  

Re: Scholars File Brief Opposing California Videogame Law

"The brief then systematically dispatches research cited by California" <--- I like that word.

Re: Scholars File Brief Opposing California Videogame Law

Pah, experts? What do they know?!

Re: Scholars File Brief Opposing California Videogame Law

But...  But the children!  Won't somebody please think of the children? (And quit thinking of facts, logic, reason, etc.)

Re: Scholars File Brief Opposing California Videogame Law

Forget about the children what about the rights of adults when it comes to games? Won's some body please think of us adults? 

http://www.magicinkgaming.com/

 
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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
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MechaTama31I don't even want to know...02/27/2015 - 8:22pm
ZippyDSMleeFun? I can do fun…. I think LOL. Dungeons 2 is on preorder but not via steam... >> Hell I am breaking all kinds of personal butthurt rules to even THINK about pre order...02/27/2015 - 8:12pm
E. Zachary KnightHad some fun discussions about that dumb dress on Facebook. I opened the original picture in GIMP and sampled the colors and determined them to be Blue and Gold. People still say I am wrong.02/27/2015 - 7:41pm
 

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