Game Developer Argues for Free Speech in Post Editorial

November 1, 2010 -

Game developer Daniel Greenberg (pictured) has authored a Washington Post opinion piece in which he argues that the Supreme Court should rule that videogames are free speech when it eventually rules on Schwarzenegger vs. EMA.

As a game developer, Greenberg called himself “disheartened and a little perplexed” at seeing games compared to cigarettes and alcohol by California State Senator Leland Yee, and he wondered “how government bureaucrats are supposed to divine the artistic value that a video game has for a 17-year-old.”

In describing newer games such as BioShock, Fable 2 and Fallout 3, Greenberg wrote:

In games such as these, game play becomes a powerful meditation on the nature of violence and the context in which it occurs. Some of the most thought-provoking game design is currently in Mature-rated games (similar to R-rated movies). This is because, in order to have a truly meaningful moral choice, the player must be allowed to make an immoral choice and live with the consequences.

And these are just single player gaming examples says the author, who added that the “expressive potential of video games jumps exponentially when players take interactivity online.”

Only parents or guardians should be allowed to govern a minor’s free speech said Greenberg, “And maybe his grandparents and aunts and uncles. But not Sen. Yee and Gov. Schwarzenegger.”

If California did manage to win the Supreme Court case, Greenberg painted a doom and gloom scenario of what might be in store for the videogame industry:

If California's law is upheld, it is likely that far more onerous measures will appear all over the country. Some stores may stop carrying Mature-rated games. Game publishers might be afraid to finance them. Developers would not know how to avoid triggering censorship because even the creators of such laws don't seem to know. The lawmakers won't tell us their criteria, and their lawyers have refused to reveal which existing games would be covered, even when asked in court.



Thanks to Daniel for pointing us towards his piece (and BearDogg-X too!)


Comments

Re: Game Developer Argues for Free Speech in Post Editorial

Some countires are more lenient with adult rated products being sold in stores. In the US its a MAJOR taboo because its seen as porn and porn is seen as vile here and not family friendly which most stores try to be. In Europe they are ok with adult rated products being sold in stores, an 18 age rating is seen as an adult rating and not a taboo rating and they are ok with that.

Re: Game Developer Argues for Free Speech in Post Editorial

I wouldn't say that considering 18 ratings are very often backed by law, Australia doesn't even have an 18 rating for games, and many other countries are continually banning games for content.

 

Andrew Eisen

Re: Game Developer Argues for Free Speech in Post Editorial

I know but the stores and console makers still allow people to get the games. Plus game stores in Australia want an R18 rating and I'm sure that console makers will support it because stores will allow it.

Re: Game Developer Argues for Free Speech in Post Editorial

Wait a minute, are you talking about adult products as in products meant for adults or sexual content specifically?  If it's the former, I don't agree with you at all for reasons stated in my previous post.

 

Andrew Eisen

Re: Game Developer Argues for Free Speech in Post Editorial

Adult rated products not porn. Such as BBFC 18 movies and PEGI 18 games. But in the US ANY MEDIUM with an 18 and up rating is treated as porn and banned from sale due to companies wanting to protect their image.

Re: Game Developer Argues for Free Speech in Post Editorial

Ah, you're talking about the AO rating.  Okay, I see what you're saying.

Sorry, I usually equate the M rating with other country's 18 ratings.  To me, AO is closer to a classification refusal.

 

Andrew Eisen

Re: Game Developer Argues for Free Speech in Post Editorial

I know I'm talking about how every other country is ok with 18 and up rating but its a social taboo in the US. Talking more about what this law will do. Since our country has such a hatred of 18 and up mediums then stores would mostly not stock them at all.

Re: Game Developer Argues for Free Speech in Post Editorial

US stores (with the rare exception) already don't stock AO games or NC17 movies so I don't think it's the specific age number but the stigma each rating has attached to it.  I say this because we have seen over and over that it's not the content that retailers (and console manufacturers from the game licensing side) object to, it's the rating.

Also, I don't think this country has a hatred of "18 and up mediums" but it is comparatively uptight when it comes to sexual content which is why you see Walmart, Nintendo and the rest shying away from making products with such ratings available, because they think Americans will look at such ratings, think porn, and raise a stink.

 

Andrew Eisen

Re: Game Developer Argues for Free Speech in Post Editorial

Sad part is the movie industry has a loophole with releasing a movie as unrated.

Re: Game Developer Argues for Free Speech in Post Editorial

It took them about 40 years or so to do that. :P We might get our games unrated some day.

Re: Game Developer Argues for Free Speech in Post Editorial

You say that as if it's something to aspire to.  Instead we should aim to accurately rate games and just not discriminate against them based purely on that rating.  If I want to play an AO game on my PS3 why shouldn't I be allowed to?

If we got rid of the stigma we would gain more range in the ratings system.  There are games that get an M but which I feel should probably have an AO, except they'd never get published if they did and rating it lower is likely the lesser evil.

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

Chris Kimberley

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

Chris Kimberley

Re: Game Developer Argues for Free Speech in Post Editorial

This would also affect Europe since game developers would most likely make ONE censored game and not a censred US version and an uncensored European version. Canada will also end up getting what ever the US gets in terms of content.

Re: Game Developer Argues for Free Speech in Post Editorial

I´m waiting here in Mexico someone tries to make the same if the California´s law passes and other states on US passes it as well. If that happens in my country, there is no one who would actually care to do something against it, and basically, any desicion taken by our government is final. There is not appealling or anything.

------------------------------------------------------------ My DeviantArt Page (aka DeviantCensorship): http://www.darkknightstrikes.deviantart.com

Re: Game Developer Argues for Free Speech in Post Editorial

Not to mention If the supreme court allows this, gamers May get killed by the govt in a similar holocaust like situation

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: Game Developer Argues for Free Speech in Post Editorial

Huh?

 

Andrew Eisen

Re: Game Developer Argues for Free Speech in Post Editorial

I think that was an attempt at satire.

Re: Game Developer Argues for Free Speech in Post Editorial

No, it may happen if games ar not free speech and thier supporters are declared by the court violent and peverse

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: Game Developer Argues for Free Speech in Post Editorial

Sorry, I'm just not seeing this law leading to the government rounding us up into camps and putting us to death.

 

Andrew Eisen

Re: Game Developer Argues for Free Speech in Post Editorial

Besides We hit 100,000 signers of the petition today

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: Game Developer Argues for Free Speech in Post Editorial

Which has what to do with this?

 

Andrew Eisen

 
Forgot your password?
Username :
Password :

Poll

Poll: Is it censorship when a private retailer decides not to sell a particular video game?:

Shout box

You're not permitted to post shouts.
Andrew EisenEZK did say he didn't find any info on the appeals process. And if all he did was look at the ratings process part of the ESRB's website, he wouldn't have. That's where I would have looked too. But hey, thanks for being thorough and finding the info.05/29/2015 - 5:01am
Andrew EisenDude, again. I am NOT saying there is no appeals process. THERE OBVIOUSLY IS. All I am saying is that the appeals process is not described in the ratings process part of the ESRB's website.05/29/2015 - 4:59am
IronPatriotI googled appeal esrb.org and it is the first and third hits. Second is esrb talking about appeals for web publishers. Gamefaqs is fourth.05/29/2015 - 4:01am
IronPatriotZachary said he did not find any information about a formal appeals process. I did a simple search and found two places on the esrb site with the info. Just sayin.05/29/2015 - 3:57am
IronPatriotOn Google I get "1 Written Testimony of Patricia E. Vance President ... - ESRB" http://www.esrb.org/about/news/downloads/pvtestimony_6_14_06.pdf05/29/2015 - 3:55am
Andrew EisenNow, that post on GameFAQs was made four years ago. It appears the ESRB has since moved the appeals process stuff behind the publisher login on its website.05/29/2015 - 3:32am
Andrew EisenOh, third link on the Google search. Okay. That leads to a GameFAQs message board which quotes a section of the ESRB website that includes a description of the appeals process. But when you follow the link, that quote doesn't exist.05/29/2015 - 3:30am
Andrew EisenThird link down from what? Look, I'm not arguing the existance of an appeals process. There obviously is one. I was merely noting that it's odd that it isn't described on the website's ratings process section but it is on the mobile site.05/29/2015 - 3:25am
IronPatriotOK, so use the third link down, which describes the appeals process and is not on the mobile site"Publishers also have the ability to appeal an ESRB rating assignment to an Appeals Board, which is made up of publishers, retailers and other professionals."05/29/2015 - 2:47am
Andrew EisenRight, which links to the ESRB's mobile site. On the website (again, unless I'm overlooking it) the appeals process is locked behind the publisher login.05/29/2015 - 2:37am
IronPatriotHuh? Google "appeals esrb". It is the first link. Click it. No login requested.05/29/2015 - 2:31am
Andrew EisenInteresting. It's on the mobile site but unless I'm overlooking it, I don't see it under the Ratings Process on the web site. It is under the publishers section but you can't access it without a login.05/29/2015 - 2:13am
IronPatriot"Publishers also have the ability to appeal an ESRB rating assignment to an Appeals Board made up of publishers, retailers and other professionals. " Esrb05/29/2015 - 2:01am
IronPatriotZachary, did you look on the esrb site? The esrb appeals process pops up when you search "esrb appeals" http://m.esrb.org/faq_09.php05/29/2015 - 2:00am
Andrew EisenThe humor reminds me a lot of Axe Cop.05/29/2015 - 1:37am
WymorenceOh sweet god, Kung Fury is freaking awesome...05/28/2015 - 10:03pm
E. Zachary KnightWonder, I know you can revise content and resubmit it, but I can't findany information about a formal appeals process.05/28/2015 - 7:27pm
Wonderkarpever wonder if there's an appeals process for AO?05/28/2015 - 6:55pm
Matthew WilsonDanny and Andy play the first couple of levels of the upcoming Hatred http://www.gamespot.com/videos/hatred-gamespot-plays/2300-6425016/ imho it does not look like it should be AO.05/28/2015 - 5:57pm
Andrew EisenHey, remember Kung Fury? That short film that was funded via Kickstarter a few years ago? You can watch it now. I suggest you do. It's fun! https://www.youtube.com/watch?v=bS5P_LAqiVg05/28/2015 - 5:14pm
 

Be Heard - Contact Your Politician