In 2005 Governor of California, Arnold Schwarzenegger, signed a bill that opposed the sale of violent games to minors and would fine retailers up to $1,000 for each violation. Things weren’t as easy as that though, and in 2009 the bill was declared unconstitutional and the U.S. Supreme Court agreed to review the decision.
- Does the First Amendment bar a state from restricting the sale of violent video games to minors?
- If the First Amendment applies to violent video games that are sold to minors, and the standard of review is strict scrutiny, under Turner Broadcasting System, Inc. v. F.C.C., 512 U.S. 622, 666 (1994), is the state required to demonstrate a direct causal link between violent video games and physical and psychological harm to minors before the state can prohibit the sale of the games to minors?
So what happens if this bill goes through? NeoGAF member ‘Neuromancer’ thinks the following:
“It’s very likely other states would pass, or attempt to pass, similar legislation (such as Louisiana, Connecticut, Florida, Hawaii, Illinois, Maryland, Michigan, Minnesota, Mississippi, Texas, and Virginia, who have all filed briefs in support of California).
With the government basically deciding what video games are and aren’t acceptable for sale to minors, there is no doubt there would be a massive chilling effect on developers and publishers and the games they made. Just as next to no one is making AO (Adults Only) rated games now, I think it’d be very likely we’d see a dramatic downturn in M (Mature) rated games and developers willing to take less chances and not making the kinds of games I believe that adults like you and me (presuming you’re an adult) should be able to buy and play.”
So tomorrow is an important day, and one we shall be watching closely.
cc_star
So all the M (mature) rated games will be self-edited by developers to be T (teen) else risk being banished from the mainstream shelves?
Doesn’t bother me from a gaming point of view, I don’t explicitly need to see guts amongst the blood splatters anyway, and there’s too much gratuitous nudity as there is, in fact most of the violence in games is entirely gratuitous and only exists to create publicity, hype and therefore sales.
It’s no different from the majority of 18 rated films being edited so they can be released as a 15 and therefore capture a larger audience, and the same with 15’s being edited so as they are 12A’s which nearly all blockbusters are now.
Grey_Ghost13
But the bill means that the State will be able to decide what it considers to be a violent game and what is not. And nearly all games could fall in this catagory from first person shooters to something like ratchet and clank. They are shooting and blowing things up. This could have the knock on effect that devs just make kiddy games that they know won’t get banned.
cc_star
What makes gaming so special that they shouldn’t adhere to local laws like movies do?
Grey_Ghost13
There are laws in place regarding the selling of licenced media to minors like movies. But this goes a bit further and actually makes the decision as to what is a violent game and could ban it. I’m all for stricter rules governing the sale of vidoe games to underage kids that shouldn’t be playing them. But this goes a bit too far and could result in stiffling the devs and resulting in less mature games for the rest of us to enjoy.
Ne0N_420
seems ridiculous
Sympozium
Surely the minor people of Amerika couldn’t get pass the first level of your typical 18+ bloodbath?
So what’s with the fuss?
DJ-Katy
I don’t see the problem. Violent games shouldn’t be sold to minors in the first place, that’s why they have M ratings.
Sympozium
Blame the parents…..
bunimomike
I can’t help but agree. As a rule of thumb, violent games shouldn’t be sold to minors, etc. However, if certain children or teenagers are particularly responsible or mature enough to handle certain content then that’s on the parents themselves to determine. It’s called “good parenting” (sorry, Katy, not replying to you on this part!). :-)
Grown up games for grown ups. Kids games for anyone. Any other way and it’s down to the responsibility of the parents.
When some teenage lad goes postal and kills his classmates, don’t look to his video games collection. Look to his parents.
rht992
i was about to say i’m sure there are already laws stopping minors from playing these games unless things are massivly different in america
woodsy321
Is this about making sure the shops dont sell mature games to minors, or stopping them altogether???
eccelex
This is the single most ridiculous thing Mr Schwarzeneggar has ever been involved with. And that’s saying something.
Selling adult rated games to minors is already very illegal and it is strictly regulated and enforced.
The whole non-issue has arisen from nothing but an abundance of misinformation and resultant cultural illiteracy which will only spread if the bill is passed tomorrow; setting the industry back by years once again.
The fact is that it probably will pass because the ignorant few are always louder than the apathetic majority.
I think I need tea…
Grey_Ghost13
Agree, it’s not needed. Parents need to be educated more as to what is in a game and stop buying them for their underage kids! It’s just as bad in the states as it is here in the UK!
minerwilly
Damn I thought this was about the US Gold classic . I hated it on every platform , hackey sack anyone !?
TSBonyman
What about games for medicinal purposes ? lol
bigdon23
I dont see anything wrong with restricting aduld games to adults, i mean you wouldnt buy porn for your child so why adult orientated games.
the problem is the massive contradiction thats here, Arnold Swaztsticker against violence LOOOOOOL!!!
also no unbiased scientific research has proved that people who play video games shoot up schools.
jtomlinii
Reading all the comments thus far, I think you guys are missing the point. This isn’t about unbiased scientific research or stores not selling or showing M rated games on the shelves. This is purely about selling M rated games to minors. It’s like selling R rated movies to minors…it’s just not done. I live in California and the way stores sell M rated games is that they ask for an ID to check the person’s age. It’s similar to checking an ID when at a bar or in a casino to gamble. Arnold signed this into law and then was deemed unconstitutional. I don’t think the state needs to demonstrate a link between violence and violent games because, imo, there is no link. The only proof I have is myself. I’m not violent and I play everyday. One could make the same argument about violent books, movies, music, etc. I say, have the rating system in place to inform parents what kind of game they are buying and have them decide. Do not let the minor buy M rated games.
a inferior race
So just to clarify. If this law is repealed then the rating system would be used for guidance purposes only, whereas now it can be used to restrict the sale of games to persons younger than the age limit on the box
xdarkmagician
That really all the rating system is. In America we call it the ESRB, they decide the rating, but the real choice is left up to the parents. The way the law is now it’s only illegal to buy the game if you’re a minor, there’s no law that makes it illegal for a parent to buy the game for their child. Also as of now M rated games can still be sold/ displayed by E (everyone) rated games. This law would set the groundwork for any M rated game to be treated the same as porn, requireing special rooms for M games. This would also affect how M games are advertised. Also this law could make it illegal for parents to buy a game for a child leading to fines and even jail. This lawsuit isn’t about evil people trying to sell M games to minor, is about removing rights of parents, gamers, and devs, and allowing the government to decide what is offensive and what is art, and then removing the rights of the parents to decide when its appropriate to expose their kids to it.