This October is the earliest we could possibly see some movement on the US Supreme Court appeal of AB 1179, the California-based violent game bill that would fine retailers who sell M-rated titles to kids. But that's not stopping the Entertainment Consumer's Association from submitting an amicus brief to the court, not to mention a recently created online petition "which will be attached and submitted along with the brief, both formally becoming part of the official court documents," the lobby group announced today.
"The gaming sector, as a whole, has arrived at perhaps the single most important challenge it has ever faced in the US," ECA prez Hal Halpin notes in the release. "Anyone who cares about gaming should feel compelled to both sign the petition and encourage their friends and family to do similarly." Given the online nature of the petition, we're also encouraging all of our pets and invisible friends to sign up. In all seriousness, though, signing wouldn't hurt, and it only takes a few seconds -- less time than it takes to convince your mom that, no, Grand Theft Auto IV is not a murder simulator!
Reader Comments (31)
Posted: May 12th 2010 6:09PM LaughingTarget said
If the SCOTUS upholds this, there goes the last hope that the high court is pro-liberty.
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Posted: May 12th 2010 6:16PM Funkmaster General said
It is a very, very subjective topic. I assume someone is going to come in here and prove that to you shortly.
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Posted: May 12th 2010 6:28PM BananaBoat said
It's a bad thing because it singles video games out specifically for no justifiable reason. It also infringes the first amendment rights of adults, because it will inevitably skew video game content toward a Teen rating.
Do I want M rated games in the hands of kids? No. They are a large reason why I don't use a headset on Xbox Live anymore unless I'm playing with friends. Having said that, this bill does very little to address the issue. Parents could still buy games for their kids. Most retailers are already self policing and refuse to sell video games to kids anyway. This bill is so completely pointless that it's not even worth the Supreme Court's time.
If for nothing else, this bill needs to be ruled unconstitutional to show special interest groups that they can't infringe upon our (adult) rights over ridiculously unfounded claims about the ills of a medium they don't even understand.
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Do I want M rated games in the hands of kids? No. They are a large reason why I don't use a headset on Xbox Live anymore unless I'm playing with friends. Having said that, this bill does very little to address the issue. Parents could still buy games for their kids. Most retailers are already self policing and refuse to sell video games to kids anyway. This bill is so completely pointless that it's not even worth the Supreme Court's time.
If for nothing else, this bill needs to be ruled unconstitutional to show special interest groups that they can't infringe upon our (adult) rights over ridiculously unfounded claims about the ills of a medium they don't even understand.
Posted: May 13th 2010 2:09AM Ranoa02 said
It's not that we want M-rated games in the hands of those too young to play them in proper context, it's that video games are being unfairly regulated to this extent. Just like books, movies, and music, the distributors self-regulate their own policies -- walmart cards those buying M-rated games that 'look' under 45, for instance, and if they don't show ID or are too young, they refuse the sell. Not because its illegal to sell it, but because the community at large polices itself on this matter. However, if this legislation passes, it will lead the way to federal guidelines on what can and can not be sold based on its content, and that is arguably a breech of freedom of speech, to restrict such materials to only a certain class of people when it's something that's otherwise freely available on any afternoon of public television, such as violence or language.
That's what the petition is about.
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That's what the petition is about.
Posted: May 12th 2010 6:41PM BananaBoat said
@paul - No. Movies have long been held as an artistic expression that is absolutely protected by free speech. As mentioned by others, the ratings have absolutely no legal bearing. Having said that, how many movie theaters will actually sell a minor a ticket to an R rated movie? Almost none, from my prior experience as a minor. That is without a single law restricting them from selling R rated movie tickets to minors. The same is becoming true for video games; retailers are carding in much higher numbers than they ever have before. There is absolutely no reason for the government to have any hand in the regulation of video games for practical reasons, even before mentioning any questions of policy or constitutionality. There simply is no reason for it, so why is California bothering? They're bothering because they see an easy political victory in picking on a nascent industry. I'm sure parents groups all over the country are salivating at the thought of the government stepping in and potentially doing their jobs for them.
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Posted: May 12th 2010 7:49PM Funkmaster General said
I do what I can. I just thought that someone with more knowledge on the matter would come forth, and I was right.
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Posted: May 13th 2010 8:08AM JCDoe said
The way I see it, this law, at least in its current form, is made of complete fail with just a hint of cheese.
1) They want to punish retailers who sell M rated games to those under the age of 18. This is a form of censorship. Video games may not be "art" to Ebert, but they're still a form of speech media. Historically, for the Supreme Court to uphold a form of censorship, they've always required there to be an offsetting constitutional right at play, such as freedom of speech vs. public safety (i.e., yelling "fire" in a crowded theater), speech vs. right to privacy, etc. California will argue that this is a case of public safety, but I just don't see it happening. The link is far too delicate.
2) The law is based on the ratings of a voluntary ratings board. The ESRB is not a government bureaucracy, they're a subset of an industry trade group. So basically, by upholding this law, the Supreme Court would either need to declare that the ESRB as an independent agency is authoritative on the subject (which is insane), or would need to create a Federal and official ESRB (which I really hope doesn't happen).
Just don't see California winning.
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1) They want to punish retailers who sell M rated games to those under the age of 18. This is a form of censorship. Video games may not be "art" to Ebert, but they're still a form of speech media. Historically, for the Supreme Court to uphold a form of censorship, they've always required there to be an offsetting constitutional right at play, such as freedom of speech vs. public safety (i.e., yelling "fire" in a crowded theater), speech vs. right to privacy, etc. California will argue that this is a case of public safety, but I just don't see it happening. The link is far too delicate.
2) The law is based on the ratings of a voluntary ratings board. The ESRB is not a government bureaucracy, they're a subset of an industry trade group. So basically, by upholding this law, the Supreme Court would either need to declare that the ESRB as an independent agency is authoritative on the subject (which is insane), or would need to create a Federal and official ESRB (which I really hope doesn't happen).
Just don't see California winning.
Posted: May 12th 2010 6:24PM (Unverified) said
So where do we go if we do support banning the sale of graphic games to kids?
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Posted: May 12th 2010 6:29PM Sleepyperson said
Until they give me a better reason I can't sign.
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Posted: May 12th 2010 6:29PM TheDarkWayne said
Since people are going to ask this a billion times i'll just lay it out right here to avoid questions of it on page 5. The main reason people are afraid of this bill is that if minors cant purchase M-games, there is a chance, however slight, that development might shift to focus on more kid friendly, potentially less fun games. Before anyone also tries to say it won't make a difference at all because kids will just convince their parents well, i'd like to see anyone explain away something like Dragon Age's broodmother
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Posted: May 12th 2010 6:42PM MarkezJM said
It won't make a difference since these kids are just going to get their parents to buy them. I think it's a fair concern, as is evidenced by the fact that AO games aren't made often/ever for consoles and I think many stores have corporate policy where they won't even stick AO stuff on the shelves.
IT'S FINE though, I think, if the focus shifts to kid friendly & less fun games. We're already there. Dirty was telling me about some game he was playing with hell and flying knives and vaginas and stuff, I mean c'mon, we're already at kid friendly and less fun.
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IT'S FINE though, I think, if the focus shifts to kid friendly & less fun games. We're already there. Dirty was telling me about some game he was playing with hell and flying knives and vaginas and stuff, I mean c'mon, we're already at kid friendly and less fun.
Posted: May 12th 2010 6:55PM (Unverified) said
Ohh, the logo is a capital E and lowercase A. I always thought it was a flying paragraph symbol with fangs eating Pac-Man power pellet.
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Posted: May 12th 2010 7:05PM liquidsoap89 said
I think I like your version of the logo more than the actual one.
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Posted: May 12th 2010 7:04PM (Unverified) said
Stop acting like the sky is falling, development goes to where the money is, period. Anybody who thinks that developers may abandon making adult titles because retailers could get fined is as delusional as the people that think this legislation will make a difference.
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Posted: May 12th 2010 7:35PM PhilipJWitow said
I support this petition and all, but do they REALLY need to put in a link at the bottom whereby they can email me promotions and give me a trial membership for 3 months and then potentially get me to sign up permanently for their website?
It feels a lot like while they're trying to do this petition to stop it getting through, they're also just using it to sign up more people to their association. :\
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It feels a lot like while they're trying to do this petition to stop it getting through, they're also just using it to sign up more people to their association. :\
Posted: May 12th 2010 8:53PM (Unverified) said
I don't see how they can try and stop sales of games to children when their logo is a penis...
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Posted: May 12th 2010 11:45PM Dan50 said
If this gets passed then video games will be censored like Germany and Australia because the 18 rating the government will give the M rating will be treated like the AO rating and banned form stores and consoles and self censorship will happen on a massive scale. :(
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