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Video Games Not Protected Form of Speech 482

E-Rock writes "Video Games are lumped with child porn as unprotected forms of speech. "A federal judge said local governments can limit children's access to violent or sexually explicit video games, saying games are not constitutionally protected forms of speech." Story with limited details at Nando."
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Video Games Not Protected Form of Speech

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  • by Anonymous Coward on Thursday April 25, 2002 @03:24PM (#3410824)
    So, now that virtual child porn IS legal, what about virtual video games?
  • by Voyager Sucks Ass ( 570844 ) on Thursday April 25, 2002 @03:26PM (#3410847) Homepage
    So we could get those goatfuckers at Paramount to finally take that almighty shitfest off TV every night at 10/9 central.

    Maybe if it were lumped in with child porn as unprotected speech, it would be less attractive to people as entertainment.

    Well, most people. Not me, but most people.
  • by sniepre ( 517796 ) <sniepre@gmail.com> on Thursday April 25, 2002 @03:27PM (#3410855) Homepage
    I hate seeing when a judge feels he has to play daddy for the civilians..... Guess what? The children under 17 already HAVE parents, and its THEIR jobs to see to the monitoring of their video games and television and reading habits. If the child *didn't* have parents to watch over them, i can assure you that most likely the child is seeing far worse things in their life than GTA3.

    Yes, our government is supposed to protect us, its citizens.. But everyone i talk to agrees with me that micromanagement in a corporate environment sucks, isnt this just micromanagement from the government into a family unit?
  • by Voyager Sucks Ass ( 570844 ) on Thursday April 25, 2002 @03:28PM (#3410876) Homepage
    I'm gonna have a hard time swallowing that something like GTA3 or Final FantasyXXVVVIIII has some kind of constitutional protection.

    A hard time swallowing? Would you have a hard time swallowing Lieutenant Commander Data's 12-inch long cyber-cock? Seven of Nine doesn't have a problem with it.
  • by Mr. Neutron ( 3115 ) on Thursday April 25, 2002 @03:29PM (#3410884) Homepage Journal
    In most places in the U.S., if you are under 17, you can't get into R-rated movies without an adult. If you are under 18, you can't buy a porn mag.

    Why is that *any* different from restricting minors' access to certain video games? If society is going to allow freedom of expression in the content of games, it also has the responsibility of protecting vulnerable children from potentially harmful content. With freedom comes responsibility.

    Parents, at home, they can let their kids play whatever games they want, or watch whatever movies, or look at whatever magazines. But in public space, there is a certain generally accepted level of protection for children that applies to all of these.
  • by jweatherley ( 457715 ) <jamesNO@SPAMweatherley.net> on Thursday April 25, 2002 @03:30PM (#3410907) Homepage
    HEMOS: A federal judge said local governments can limit children's access to violent or sexually explicit video games

    I'm not American so forgive me if I'm wrong but isn't children's access to violent or sexually explicit videos/books/sex shows/whore houses already limited over there as in the rest of the world and further more isn't this regarded as a good thing?
  • by Innominate Recreant ( 557409 ) on Thursday April 25, 2002 @03:31PM (#3410909)
    The state, local and federal governments already restrict children's access to other forms of entertainment - movies with an 'R' or 'NC-17' rating, for example (please save all rants about the MPAA for another discussion).

    What those who might protest are forgetting is that until someone reaches the age of majority in the US, his/her rights - particularly "Constitutional" rights - are severely limited. Most rights that children have are those given to them by their parents.

  • by gleam_mn ( 226101 ) on Thursday April 25, 2002 @03:31PM (#3410912) Homepage
    Limbaugh said the county has a compelling interest in protecting the physical and emotional health of its children and assisting parents as guardians of their children's well-being.

    If the county has the time and manpower to help parents "protect the physical and emotional health" of their children by worrying about what video games they play then the county needs to have it's budget cut. Most counties can't keep the potholes in their streets filled or balance their budgets and yet these guys want to help folks raise their kids... nope, sorry guys, I don't think so!
  • by Computer! ( 412422 ) on Thursday April 25, 2002 @03:31PM (#3410914) Homepage Journal
    How is this any different than restricting access to other forms of entertainment based on age?

    Movies, music, magazines, etc. have been suffering the same way for years. This is not a troll: I am all for age-restriction of content. If I want my kids to see something, they'll see it, because I'll buy it and give it to them. Otherwise, I prefer that inappropriate speech be a little harder for them to access.

  • by brogdon ( 65526 ) on Thursday April 25, 2002 @03:34PM (#3410941) Homepage
    Usually when something even remotely 1st Ammendment-related gets posted on slashdot, it's pretty obvious which way we, the masses, are supposed to feel (usually righteously idignant, which is fun).

    On this one I'm not so sure though. Are we supposed to think that video games are a legitimate form of self-expression? Because that seems like a bit of a stretch for me. I don't ever recall seeing a video game that was seriously being used to get a point across in artistic or political fashion (Okay, maybe the one where you were a Palestinian fighting Jews with rocks, but that's still only one).

    I don't know how to feel on this, which makes me uneasy. Where's JonKatz? If he'd attach a little rant here somewhere I could just take the opposite position and feel fine with myself.
  • by Steveftoth ( 78419 ) on Thursday April 25, 2002 @03:37PM (#3410968) Homepage
    ---Begin Quote
    Limbaugh said he reviewed four different video games and found "no conveyance of ideas, expression, or anything else that could possibly amount to speech. The court finds that video games have more in common with board games and sports than they do with motion pictures."
    ---End quote

    This guy didn't try and play and of the final fantasy games. All those games push a fairly similar agenda of machine == bad and protect the earth. Or MGS, if you don't think that killing is wrong after playing MGS, then you didn't watch the cut scenes ( that games lives in contridiction, because it preaches that violence and killing are wrong, but the only way to beat it is to be involved with killing people ).

    If he was only playing MK4, SFXXXSuperCapcomMarvelFighterTurboMegaAlphaSpecial Edition aand racing games then yeah, I can see his point. But even shoot em up games like Time Crisis or Slient Scope have anti-terrorist agendas. Just like many (crappy) HollyWood movies.

    I feel that most games released today resemble the HollyWood schlock rather then the artistic projects that get produced. More like Scorpion King rather then say Pi. For every artistic game like MYST, there are a hundred shoot-em-up death game 2000 knock offs.

    The guy only saw 4 games, I bet that if you showed certain movies to a judge who had never seen movies before you could get the same verdict, that movies have no artistic merit as well.
  • by Anixamander ( 448308 ) on Thursday April 25, 2002 @03:39PM (#3410983) Journal
    While I tend to think the judge ruled on the wrong grounds on this one, I personally have no problem with limiting the access of video games to minors. Everyone likes to trot out the argument that it is the parents' responsibility, but that only works to a certain degree. A parent cannot, and should not, be around their child 100% of the time. There should be times when the child can be with their friends without parental supervision. And when that happens, I see no problem if the parent gets a little assistance from retailers who won't sell overly violent video games, or porn, or beer or cigarettes to their children. The movie rating system seems to work well, and there is no reason the video game ratings should not work the same way. And just as with a movie, if the parent wants their child to be exposed to the video games, they can buy it for them. This is not an issue of asking retailers to do the parenting. It may be a little bit of assistance, but I see no reason why this is patently wrong.
  • Re:Simple question (Score:3, Insightful)

    by prizog ( 42097 ) <novalis-slashdotNO@SPAMnovalis.org> on Thursday April 25, 2002 @03:40PM (#3410991) Homepage
    Um. "the left"? I don't think it's censorship is a uniquely left-wing (or uniquely right-wing) phenomenon. Sure, lots of Democrats support these laws, but plenty of Republicans do too. And it's been a long time since the Democrats have represented the left anyway.
  • by shawnmelliott ( 515892 ) on Thursday April 25, 2002 @03:41PM (#3411000) Journal
    Although I'm not a censorship kind of guy you have to look at your argument. If they HAVE parents AND those parents agree that it is acceptable for them to play say GTA3 or Carmageddon or any other 1 of a 100 games then that parent will buy/rent the game for that minor anyway.

    It's not legal for a minor to buy pornographic magazines but as far as I know there is nothing stopping that minor's father/mother from buying it for them for them to have in their own home.

    So yes, there should be a reconsideration on what does and does not fall under protected speech but the Parental argument just as easily swings the other way
  • by xRizen ( 319121 ) on Thursday April 25, 2002 @03:43PM (#3411022)
    "... local governments can limit children's access... "

    Keywords: Limit, Children

    Because, you know, adults can buy child porn.

    Video games aren't leaving the realm of protected speech. They aren't banning them. They're saying children shouldn't have access to it, like porn, guns, alcohol, tobacco, and many other things 95%+ of America says children shouldn't have access to. And to be honest, I've played some games that I don't think children should play.
  • this is such shite (Score:2, Insightful)

    by EddydaSquige ( 552178 ) <jmbNO@SPAMgocougs.wsu.edu> on Thursday April 25, 2002 @03:43PM (#3411028) Homepage
    the reason that child porn (as well as rape videos, snuff, etc) is illegal is because in order to produce them you have to cause physical or mental harm to another person. It's also the main reason that the virtual child porn law was ruled unconstitutional, the production of a virtual image requires the participation of no one so direct harm is caused.

    I'm not saying that children should be allowed to buy what ever they want. I think that there should be restrictions on what they can buy and that ultimately that decision lies with the parents. But to lump video games in with child porn is a travesty to those laws. IMHO this judges ruling lessens the laws regarding child porn. The immediate effect of this ruling doesn't bother me, but the specifics of why it was ruled the way it was, does.

  • by sniepre ( 517796 ) <sniepre@gmail.com> on Thursday April 25, 2002 @03:47PM (#3411066) Homepage
    "A parent cannot, and should not, be around their child 100% of the time. There should be times when the child can be with their friends without parental supervision."

    My only thought at this point is, who should set the rules on what is acceptable and unacceptable for a developing child to see? I'm not talking about ages 8-12 or whatever.. but mid to late teens... are growing constantly at that age...

    Sometimes, letting them discover some parts of the real world is necessary. You and I both know what a gun can do, and I think it can sometimes backfire keeping a devloping teen locked away from being able to experience certain elements of the real world.

    Surely, a parent would tell their children what is right, and what is wrong. So, after the child was raised properly with the knowledge of right and wrong, if they desire to go learn of the *real world* i dont think there should be a magic cut off at 17-18 when they are then declared arbitrarily to be "mature enough" to be exposed to it all at once.

    Its just a part of growing up, IMHO.
  • by VValdo ( 10446 ) on Thursday April 25, 2002 @03:47PM (#3411075)
    As I understand it, the restriction on 17 and under going into an R-rated film is not a "law" passed by government but rather an agreement within the entertainment industry to self-police itself.

    Specifically, the MPAA rates the film (their methodology is as controversial as the ratings system in general) and the exhibitors (that is, the movie theaters) agree to restrict ticket sales in accordance with the MPAA ratings.

    The MPAA ratings are also used to determine when advertisements for movies are permitted-- that's why you don't see ads for R-rated movies during hours when kids are watching TV. Or at least that's the idea-- there was a scandal about a year ago where a lot of R-rated films was being advertised to children on TV.

    Apparently, the film company's defense was that ad-purchasing time packages did not match the resolution of the MPAA ratings system-- so there was no way to buy advertising time in slots that exactly matched the demographics of the ratings. (And I'm sure the fact that most theaters weren't checking IDs made the spillover ok too)

    I think (but I'm not sure) that blockbuster and other video rental places also check IDs just as theaters do. But I wonder if they care about video games... anyone know?

    W
  • Arg. (Score:2, Insightful)

    by MindStalker ( 22827 ) <mindstalker@[ ]il.com ['gma' in gap]> on Thursday April 25, 2002 @03:49PM (#3411093) Journal
    What really annoys me though, is that high court judges are supposed to avoid making rulings that can change the interpretation of the constitution. This ruling could have been made by simply saying that local community standards can be set on video games. But he decided to say they didn't get first amendment protection, and that they equate to child porn. This judges discision will probably get thrown out on a showing of bias.
  • by Voyager Sucks Ass ( 570844 ) on Thursday April 25, 2002 @03:53PM (#3411132) Homepage
    I see they've gotten to you too. Too bad.

    This isn't about turning off the fucking TV. This is about the fucking future of the human race.
  • Re:Simple question (Score:3, Insightful)

    by Elwood P Dowd ( 16933 ) <judgmentalist@gmail.com> on Thursday April 25, 2002 @03:55PM (#3411152) Journal
    The left? The left used to be all about personal freedoms. Remember hippies?

    Besides, conservatives need to divorce the religious right before they can claim that they stand for personal freedoms at all.
  • Re:My $0.02.... (Score:2, Insightful)

    by Stonehand ( 71085 ) on Thursday April 25, 2002 @03:58PM (#3411172) Homepage
    Hmmm.

    Things "that may portray a distorted or possibly dangerous view of life for a child" -- I'd say that the Bible and the Koran both qualify. Faith denies reason, and promoting faith over reasoning does not seem particularly beneficial.
  • by LionKimbro ( 200000 ) on Thursday April 25, 2002 @04:12PM (#3411280) Homepage

    Start with a book. Turn it into a choose your own adventure. Protected?

    Now make it a little more sophisticated; Something like "Grail Quest". It has the player keep track of things like inventory and health and armor, but is still a choose-your-own adventure. Protected?

    Okay, now lets take the SAME exact thing, but have a computer do the book keeping for the player. Protected?

    Now lets make it a little more sophisticated, but still wordy, like Zork. Protected?

    Replace wordy imagery with the occasional ASCII graphic. Protected?

    Give the user a map, like in Zork Zero (if I recall correctly). Protected?

    Use the map primarily, and the text secondarily, like in NetHack. Protected?

    Apply better graphics, like the graphic ports of NetHack. Protected?

    Give the user a first person perspective in the maze, Ultima Underworld or something like that. Protected?

    It is a SMOOTH continuum from books to games. I can take any game, and gradually transform it into a book, and any book and gradually transform it into a game.

    Give me any two expressions, one slightly more interactive than the other, and I can construct an expression in between.

  • Re:which four? (Score:5, Insightful)

    by Bonker ( 243350 ) on Thursday April 25, 2002 @04:18PM (#3411333)
    Sayeth the article:

    Limbaugh said he reviewed four different video games and found "no conveyance of ideas, expression, or anything else that could possibly amount to speech. The court finds that video games have more in common with board games and sports than they do with motion pictures."

    Four games. Four fucking games. Out of a entire fucking INDUSTRY, this asshole reviews four games. This is like reveiwing 'Ishtar', 'Waterworld', 'Howard the Duck', and 'Glitter' and then saying that all American movies suck.

    I can list four games off the top of my *head* that have more speech and artistic values than all four of those movies I just mentioned put together.

    'Black and White' - Morality play, pure and simple. What's the difference between right and wrong?

    'Max Payne' - Dark Psychological Thriller with some gritty 3PS thrown in for taste.

    'Starcraft' - Betrayal, Greed, and Cosmic justice carried out against a RTS background.

    'Diablo II' - Relgion versus damnation. Hell, most RPG's have storylines. Some are better some are worse. What if the plotline of a RPG was that I was a judge trying to stamp out virtual kiddie porn?

    Four fucking games. Gimme a break.
  • by Bagheera ( 71311 ) on Thursday April 25, 2002 @04:27PM (#3411418) Homepage Journal
    I have to ask "are you a parent?"

    We agreee that the judge botched the ruling, and I agree completely that I don't need to be, nor should I be, around my kid 24x7 to make sure she stays out of trouble, but it's not the government's place to do my job for me.

    The point here, as others have mentioned, is one of micromanagement. If I don't want my kid playing violent video games (or smoking, or watching R-Rated movies), I tell her not to and, if I've done my job as a parent, she won't. Same goes for drugs, pr0n, teen sex, etc. Yes, there are some cases (ethanol, cigarettes) where there are proven harmful consequences where I don't mind their intervention, but there is no proof whatsoever that video games are going to hurt anything but the kid's thumb muscles.

    The movie ratings are, in many respects, a farce. The whole concept of strictly "age dependent" ratings is inane. Yes, it's convenient and there is some justification for it (statistical averages) but there is no mystical transition in head space when someone turns 17,18,21 that makes them suddenly able to understand things they couldn't understand the day before - or take responsibility for same.

    All the ordnance does is put additional burdens on retailers with no real benefit to the people it's trying to protect. THAT is what is patently wrong about it.

  • by lamont116 ( 522100 ) on Thursday April 25, 2002 @04:36PM (#3411508)
    Are pornos illegal? No. Limiting certain games to adults only won't result in them becoming illegal, just as limiting some movies to adults hasn't made those movies illegal.

    I only read the Nando article, so it may have garbled the issues, but if something is not "protected speech," it can be banned. It strikes me that a better (and narrower) rationale for upholding the statute is that the games at issue fall into the category of "indecent" speech (think George Carlin's Seven Dirty Words bit), which can be regulated so as to prevent accidental access by children, but not banned outright.

    The quotation in the article suggests that this particular judge doesn't think that the games qualify as "speech" at all, which sounds sort of ridiculous, but it may have been taken out of context.

    Anyone have a link to the text of the decision?

  • Re:which four? (Score:4, Insightful)

    by Rayonic ( 462789 ) on Thursday April 25, 2002 @05:20PM (#3411910) Homepage Journal
    > I can list four games off the top of my *head* that have more speech and artistic values than all four of those movies I just mentioned put together.

    Not a bad list, but I can do one (or four) better.

    The Longest Journey - Adventure games are really the closest thing you can get to a movie in a game. TLJ is one of the best to come out recently, though it was a toss-up between this and Grim Fandango.

    Zork - It's almost like reading! Surely even he can get that through his thick skull.

    Deus Ex - One of the more literate FPSes. You've got to throw an action one in there.

    Tetris - Hey, if we can get him hooked maybe he'll see things in a different light. ;-)

    This is, of course, ignoring the fact that he has NO PLACE JUDGING WHAT IS SPEECH AND WHAT ISN'T . But if he was a good judge I guess he'd know that already.
  • by Happy Monkey ( 183927 ) on Thursday April 25, 2002 @06:40PM (#3412482) Homepage
    Can you imagine how much MORE trouble I would have got myself into if these things were LEGAL?

    None. It would have been legal.
  • by kindbud ( 90044 ) on Thursday April 25, 2002 @07:20PM (#3412747) Homepage
    Four games that are equivalent to literature:

    • The 7th Guest
    • Myst
    • Secret of Monkey Island
    • Oddworld


    Having named some games in this genre, I think anyone else can recall several more advernture games that are essentially an interactive novel.
  • Re:which four? (Score:2, Insightful)

    by Servo5678 ( 468237 ) on Thursday April 25, 2002 @08:16PM (#3413071)
    Not a bad list, but I can do one (or four) better.

    I'll see your four and raise you four more.

    The Legend Of Zelda - The Triforce should be a controlled substance.

    Mega Man - Rehabitilitation of mad scientists doesn't work.

    Donkey Kong Country - On the other hand, rehabilitation does work for gorillas.

    Super Mario Brothers - Trust the fungus.

  • by TGK ( 262438 ) on Thursday April 25, 2002 @10:46PM (#3413736) Homepage Journal
    So I'm going to have to point this out... it's probably said elsewhere, but it needs to be said here too.

    Many things are protected speech. Porn (for the most part) is protected.... at least insofar as the Court has refused to define obsenity in any real meaningfull sence. Justice Stone once said "I'll know obsenity when I see it" which more or less sums up our Judicial System's take on the issue.

    That said there is a difference between what is protected and what is freely available. Playboy's pictures (nudes) are protected speach, but you can't buy a Playboy until you're 18.

    Printing something is direct speech. It's a form of expression.

    Buying something is indirect speech. Voting with your wallet if you will.

    In order for Congress to restrict what you have the right to buy it must restrict your right to indirect speech. The Court (not court) has a test for this. It is known as the "compelling state interest test." The upshot of this is that the State must prove that it has a compelling reason to restrict this speech. If no such reason is proven the challenge fails and the law is overturned. It is one of the few cases wherein the DEFENDENT has the burden of proof (assuming the state is being sued for restricting my freedom of speech).

    I want to make this clear because of the misleading nature of the title. A decision which limits what I can buy does not in any way make a ruling as to weather video games are or are not free speech. It simply states that a judge thought that the Government has a compelling reason to limit who can buy what.

    That being said, the normitive upshot of all this is fairly simple. If a parrent wants their kid to play this game they can buy it for them. The force of law only prevents a child from going behind a parrents back and buying the game himself. There is little danger of some sort of governmental intrusion into anyone's life considering the allready curtailed freedoms allowed to minors in this country.

  • Re:Under 18 rights (Score:2, Insightful)

    by Farmer Jimbo ( 515393 ) on Friday April 26, 2002 @10:48AM (#3415861)
    It would be a mistake, however, to conclude from these pronouncements that the Court, having decided in the late 1960s and the 1970s that children are "persons," determined that children should have the same set of constitutional rights that we ascribe to adults. If the Court did see children as persons, then it surely saw them as peculiar sorts of persons for purposes of constitutional analysis. For example, during the 1970s the Court also decided that juveniles did not have three of the procedural rights that adults take for granted: the right to a trial by jury, the right to bail prior to adjudication, and the right to be protected from corporal punishment.

    The usual justification for this confusing set of adjudications was that children must be "safeguarded from abuses," and that the state may continue to create laws that will help parents and teachers discharge their joint responsibility for their children's well-being. Moreover, the Court said, since children do not have the "full capacity for individual choice," they may be deprived of certain adult rights (e.g., to marry, to vote), and their activities can be regulated if it can be shown that this will "safeguard the family unit and parental authority." In sum, the catch-phrase of the 1970s Court that "children are persons" is precisely that: a phrase that lacks the precision of a normative principle.

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