We may have already voted here in the United States this week, but there’s more news on the political horizon pending and this time it directly involves video games. If you haven’t heard, Schwarzenegger v. Entertainment Merchants Association began legislation this week to decide the fate of a 2005 law that passed (but was not enacted) forbidding the sale of “violent” video games to minors and imposing hefty fines on non-complaint retailers.
To catch up on the issue, watch this pretty comprehensive PBS tidbit:
Seeing how this is testing First Amendment rights, I find it to be an important case to follow.
What constitutes “violent,” and who makes that decision? Where is the line drawn? Books, tv, internet sites, etc? Mainly, this law seems vague and the lack of definition is what troubles the court so far because criminal charges could be brought up against offending parties (no one wants to be tried for breaking an already “broken” law). Also, the fact that defendants of the 2005 law use inconclusive evidence linking maladaptive behavior to playing violent video games is something that should/will be called into question. Does exposure to simulated violence breed violent people, or is it a lack of a substantial moral upbringing that causes a person to make bad judgments?
In a hilarious aside if you read more on the hearings, the ignorance towards video games of some justices serving is telling of the times:
When Justice Elena Kagan sparred with the California AG about “Mortal Kombat,” Justice Antonin Scalia interjected that he didn’t have any idea what they were talking about.
Some of the justices also illustrated their not-so-current grasp of consumer technology. For example, when Justice Anthony Kennedy asked why V-chips couldn’t solve the problem, he was told, “Those are for television.” [1]
It will take some months before a ruling is made, but so far it looks like this law will not be passing is it stands. What are your thoughts on it? Is parental supervision and the standard ESRB ratings that stores use to prohibit minors from buying mature games enough? What are the implications if the law actually is enacted?
