
The Washington, D.C. City Council is pushing ahead with legislation designed to block kids from buying violent video games.
As reported by
The Hill, the proposed law is known as the
Youth Protection from Obscene Video Games Act.
Currently in committee, the measure is sponsored by Council member Adrian Fenty (left), who is expected to win election as D.C.'s mayor on November 7th.
The bill uses the industry's own ESRB ratings as a guide, which is legally problematic. Case law has established that a private standard cannot be the basis for public law.
Fines proposed under the bill could be up to $10,000 for those who sell M-rated titles to underage buyers. In addition, non-retailers (such as, say, parents) who provide M-rated games to a child under 17 could be hit with a $1,000 fine.
Councilman Fenty discounted the constitutional issues at a recent hearing:
"I'm, ready, willing, and able to pass this legislation and let the courts decide whether or not the video-game industry should be held to the same standard they’ve already agreed to.
Fenty has been working on the video game violence issue for some time. GamePolitics previously covered a
June, 2005 hearing on the measure. A video of that proceeding (lengthy, but well worth watching) featrues testimony from the Peaceoholics community group as well as from the ESA and ACLU.
UPDATE: We apologoze for linking the wrong hearing. Here's the
correct link...
Comments
The first time someone tries to arrest a church group for showing a group of kids "The Passion of the Christ" with parental consent, Fenty gets laughed out of office.
@ Hank the Tank
Bullying is something that catches most kids by surprise. They really have no consept of bullies before they meet one. I say we empower the kids, let them know that there are mean rotten people out there, teach them self worth at an early age, and teach them there is nothing wrong with a butt-kicking, or kicking a butt that deserves it.
@SlyFox
Christianity is like Communism. It always sounds so good on paper, but put it in the hands of people and it becomes dangerous.
@Zatch
I'm not saying the govenment should play nanny, I'm saying the gonvernment should play reproductive police. Parent licenses. There are s lot of people out there that should not be reproducing. Christianity introduced before a child can tell right from wrong is brainwashing of the worst kind. If you wanna be born again when you are 18, more power to you. If it were illegal to expose a child under 18 to Christianity, we'd have a lot fewer Christians and a lot more logical thinkers. Just like the tobacco companies say "Hook em young"
"Increasing the police force doesn’t do jack, they tried that. The goal is now to cut off the issue at the source."
Source please.
"I think a 4 year old should be able to play GTA and to hell with it even if he did kill somebody because of it. As long as the games are fine I don’t give a rats ass."
...So you're saying that if video games really did cause violence in kids you wouldn't care?
Also, I don't think a 4-year old should be playing GTA
"except with kids they immitate whatever they are shown/interact with, that’s part of being a child."
What is your definition of "kids"? I don't think you give them enough credit
There is also the "ounce of prevention is a pound of cure" logic to it as well.
Again I'm not for it. I'm a gamer, I think a 4 year old should be able to play GTA and to hell with it even if he did kill somebody because of it. As long as the games are fine I don't give a rats ass.
But I do understand why they want regulation on it, and why it's needed.
Rise in children stealing cars
Rise in children robbing people with guns
Several attacks/rapes commited by children on adults
All of these commited by teens and the jump just started recently…. about the time of GTA getting huge.
I’m not blaming GTA for it, but this is what people in DC want from Fenty.
Just about everybody that’s not a gamer (read everybody not bothering to post here) wants laws against violent games, and as soon as the government makes it’s own ratings system (since it can’t use the ESRB’s due to legal issues) they’ll have it.
Wait till 08, my dollar is on creating an effective legal way to fine retailers over games, to be one of the reasons the winner get’s elected. [/quote]
Instead of wasting money on unconstitutional legislation,simply increase the police force and funding for neighborhood watch programs. Increase the penalty for these crimes and I think you'll see a drop in the rates for those crimes. Simple and done.
This is about gaining ill informed voter support nothing more.
Do you honestly believe anything that you just said about Christianity? Young children are going to be good and bad regardless of religion; it's simply behavior. To put it in a very optimistic light, it's a learning experience for young children just like it is for young animals - bad behaviour results in action from the parents, thus the child learns what is socially acceptable.
As Hank said, your ideas on Christianity seems a bit off the mark. Please do a little research next time.
Barney caused Columbine
"Let me explain. Children were brought up in a seemingly loving environment. Too loving in fact. They were exposed to constant posative messages, never once were they told that there are jerks out there that will hate you just because they do. Everyone is going to be your friend. Fast forward to the school years. Kids encounter bullies, they don’t know what to do “These people are supposed to like me” they think. Then they have two routes to take; Introvert because they don’t understand why these people aren’t their friends like Barney said they would be or Become violent, beat these kids for not liking you."
So being told about bullying and before you experience it will make everything better? BS.
Your views on Christianity are a bit... skewed to say the least.
I believe God only forgives sins if a person is sorry for doing bad deeds. Also, not all Christians believe non-Christians are goin to hell. Christianity does not breed "insane irrational thinking", people do.
@ Mister Gone
You sound like the same type of person who wants the government to play nanny with everyone's kids. Oh, and Christianity isn't going to warp anyone's brain. I'm an atheist but I dislike it when people try to label all Christians as being brainwashed or anything of the sort.
The thing about games is since they are interactive they hold more influence then a book or a movie.
Ironically, this was given as a reason why TV was bad. Because without interaction, you were being "fed" thoughts. Made it much worse than books or radio, which involved you imagining the image...
Now maybe something else would set them off, but it might not be as bad.
I'm sorry, but the trigger has absolutely nothing to do with the severity of the action it finalizes. If it were true, then you could measure how severe a person's reaction will be to certain stimuli. Instead, reactions range all across the board.
Kids can unintentionally hurt themsleves or other while biking, playing football and hockey, so therefore those are bad for kids to, right?
"As for the game. Yes if the game wasn’t there something else could serve as the catalyst. However that doesn’t mean much. If a child wanted to hurt somebody and didn’t have a gun he could use a bat. Obviously one is much worse, and in America children handle both guns and bats safely all the time, it’s rare that something goes wrong."
The point i was trying to make was that kids who are violent or aggressive to begin with will be violent or aggressive regardless or whether the games are there for them to play or not. So while a game Might be a catalyst for some fucked up kid the fact is it's not the games fault for causing it aa another catalyst out there would effect him anyways.
"The thing about games is since they are interactive they hold more influence then a book or a movie. Now maybe something else would set them off, but it might not be as bad."
Bullshit! This is pure speculation and nothing else. There is no study that shows that interactive media has more of an effect then non-interactive
media. It COULD actually be the opposite and interactive media has less of an effect on kids as it may allows a release of their pent up aggression, frustration and anger from blasting characters in the game, leaving less of it after they're done playing.
It's not to far fetched look at itaily and franch they start teaching thier kids how to handle alcohol in their teens a glass or 2 with dinner once every other day or so is genaraly good for the body well whine is, beer and the like dont have the antioxidants in it,my point being parents have the right to teach thier kids what they want as long as its not harmfull to others within reason ,look at gun use and hunting its all the same thing,its within reason to keep M rated games out of the hands of "kids" however unlike guns and booze this is not a issue for the courts or for law makers the game industry is doing a good enough job at it.
Parents sadly even have the right to teach thier kids to dislike and hate others based on the stupidest things as long as they and the kids behave themslefs.
This really is a black and white issue ,its quite obvious that guns and booze need to be controlled thus they are controlled,games/media on the other hand has not been proven by the "world" to be worth making laws over unless you are a dictatorship or have vague censorship laws that let you ban game on grounds of promoting vandalism and to let a game based on greek mythos with alot of bloody demon splitting,yet to ban another game set in a fictional world based on bloody demon splitting.
My point is its good to have retailers not sell M/R media to kids because kids need guidance ,however we don't need laws or courts took into the mattler until most of the world thinks violence is porn so until the day hell freezes over the industry just need to enforce its age rating rules,the game industry gets a A- on doing it the movie industy gets a whopping c- even a D.
My question do you do you think that kids don't need to be at least shielded from violent media when they are by themslefs?
How would have have the industry deal with trying to keep age rules in place?
Ever feel like you know more about law than the people actually in office? I must say though, I like the tone The Hill article takes with this whole situation.
Besides the fact that similar laws have not worked in the past, the council has found a few things that aren’t true:
-depictions of rape and other violent sexual acts
Still haven’t seen one commercially available game in the US with this type of content.
-ESRB has determined that M and AO games aren’t appropriate for minors
Nope. They’re merely age recommendations. If you say it’s okay for your kids, it’s okay for your kids.
-The bill is dragging M and AO games into the Miller Test again.
We’ve seen that’s a no-no. Look at the name of the act for goodness sake. Youth Protection from Obscene Video Games. Sorry, but not all M and AO rated games are obscene. Not even a significant percentage.
Andrew Eisen
The false marketing regulations should apply to proposed legislation, too. Notice how mr. Fenty says this is a question of the video game industry holding to their own standards. It isn't, or at least it's a lot more than that. Fining parents for letting their children play violent games is a pretty strong intrusion by the government into completely private matters.
Also, note the title of the bill. Now, what is the case law concerning violence and obscenity again?
I can't wait til these mid-term elections are over and people leave this issue the hell alone again. For another two years, at least.
The ink won't even be dry before the injunction comes down on this one.
But since there's no way in hell a law like this will ever be allowed to pass, I'm not too worried.
Ok big brother step down, I agree with the poster above me I am all for stores not being able to sell M rated games to minors, but to sit their and fine parents for getting something for their kids? The government has no right to step in there.
I seriously doubt this will get passed, all I can say is keep an eye out on the ballots and vote to keep crap like this from passing.
I don't necessarily object to games rated Mature and up being limited to those 17+ when sold in stores. In Ontario, where I live, I believe this actually does have force of law and it hasn't really harmed the industry. However, fining parents for providing their children with M17+ games? What happens when little Tim's dad buys a copy of Gears of War for himself and Tim borrows it to go over to a friend's house? Is he liable for the "damage" this is going to do and thus, subject to a fine?
If you see Fenty, play Weird Al's "You're Pitiful" to him when this law is defeated.
Here it is on Youtube, in case you're not familiar with it.
http://www.youtube.com/watch?v=2jNBlC4UMC8
Jeebus, do these people not know anything of precedent??
I’m, ready, willing, and able to pass this legislation and let the courts decide whether or not the video-game industry should be held to the same standard they’ve already agreed to
THEY'VE ALREADY DECIDED THAT!! The answer is NO. Would it be possible to get a REALLY big rolled-up newspaper and start beating these people on the faces with it? It works for dogs...
This is a lot like amending the constitution to make it illegal to burn the American flag. It will never happen, but everyone looks more patriotic trying.
Adam Fenty could try to draft a bill that would actually benefit parents and still be constitutional. Like telling retailers that they must post information about ratings, to educate parents. But Adrian Fenty won't do that, because "the children" aren't what he's thinking about.
http://www.drudgereport.com/flashaw.htm
Holy shit! That guy is a sick fucker!
Anyway, I don't want to drag this off topic so on the subject, if they are going to apply this to computer games, then the ONLY way they can even pretend to be doing anything other than victimisation is to apply it to ALL media types, anything other than that is purely sensationalism.
Gah, why do these politicians make such really stupid laws? Is it November 7th yet? My voting pen is getting itchy...
Fenty got into office largely due to his stance on games. DC has had a massive rise in youth crime (in specific car jackings, armed robbery, and assaults on women) since GTA came out.
So this isn't shocking at all.
If I want my children to live in a very spartan fashion then I can make them. If I think they can play a T rated game when they are 10 or a M rated game when they are 16, that is my choice. Take your fine and shove it.
The future me is a very very annoyed person.
The ESRB is mearly a tool for parents to use to see if a game is proper for their kid. If they beleive that their, say, 15-year old is mature enough for GTA, then what the gov. thinks is suitable for her child should not supercede theirs.
Have you talked to a kid today? Have you seen how they act? It's apparent that someone needs to tell parents how to raise their damn kids, they sure aren't doing it themselves.
So if you don't want video game legislation, vote republican, if you want it vote democratic.
In the end what happens will be decided by who we vote into power. Because if we vote enough liberal anti-gaming advocates into power we will get a government ratings system and some actual laws with bite (read fines) behind them.
If we vote the other side, we will be bogged down in this sort of legal BS till it goes away.
Congrats for not only pretending you care about the children, but stating you know a child better than their parents! What's next, fining parents for letting their kids stay up late?
"You approve of someone forcing christian ideals onto a child and warping their litle minds into thinking that empty threats and pompous posturing are effective ways to persuade people?"
Wow, way to stereotype.
Stop and think........
Non-retailers couldn't EVER mean parents, because parents can buy their own children whatever, it's a non-issue with that (such as parents) remark snuck in just because the narrow minded will jump all over it and piss their pants.
Non-retailers means anybody over 17 buying the game for a kid. Such as your friend in high school that's 18 and buys cigs for the other kids, or the 21 year old in college that buys beer for the others. And to prevent kids from handing adults money to go buy the game for them.
Instead of just proving the people against gaming right that we all operate on single words, have no attention span, and can't think. Why not look at the actual arguement isntead of acting like a bunch of angry 14 year olds with ADD?
So not only is unconstitutional to MAKE these games, it would be unconstitutional to BUY them as well?
Do they understand how this would drive piracy downloads in the States through the roof? How it would effectively KILL as sizeable portion of the industry?
Apparently not...
Where does is say "except parents"?
I agree with you, but I still don't think that it's the government's job to raise people's children on their behalf. Educating parents on how to properly supervise children is a better first step than running to file knee-jerk legislation.
I don't think it's as much a partisan issue as you're trying to paint it. Both sides have put forth and enacted these laws, as far as I remember - claiming it's solely the work of one side or the other is a little disingenuous.
I wasn't implying that those were Christian attributes, just that anyone who thinks it's okay for parents to do anyhthing they want to their kids is dead wrong.
Rise in children stealing cars
Rise in children robbing people with guns
Several attacks/rapes commited by children on adults
All of these commited by teens and the jump just started recently.... about the time of GTA getting huge.
I'm not blaming GTA for it, but this is what people in DC want from Fenty.
Just about everybody that's not a gamer (read everybody not bothering to post here) wants laws against violent games, and as soon as the government makes it's own ratings system (since it can't use the ESRB's due to legal issues) they'll have it.
Wait till 08, my dollar is on creating an effective legal way to fine retailers over games, to be one of the reasons the winner get's elected.
You still presented teaching children Christian ideals a bad thing.
Well yeah, I mean it's the Barney effect
Barney caused Columbine
Let me explain. Children were brought up in a seemingly loving environment. Too loving in fact. They were exposed to constant posative messages, never once were they told that there are jerks out there that will hate you just because they do. Everyone is going to be your friend. Fast forward to the school years. Kids encounter bullies, they don't know what to do "These people are supposed to like me" they think. Then they have two routes to take; Introvert because they don't understand why these people aren't their friends like Barney said they would be or Become violent, beat these kids for not liking you.
Now we have Christianity:
God loves you no matter what, anything you do wrong is forgiven by praying. People that don't beleive in God are going to Hell. So to the child, what does it matter if they are good or bad, what do these people matter they're going to hell.
You want anilitical and logical ideas from society and yet you harbor an environment that breeds insane irrational thinking. I know it's where the Bible said people come from, but a solution isn't just going to spring up from the ground.
and I don't doubt that, what I am saying is I question the parenting abilities of Christians that force their religion onto children.
Where did the first humans come from? If you say mud and the rib of Adam, then you are not fit to parent. It's as simple as that.
I said provide an education.
That would imply they would be able to function as intelligent members of society. What you suggested in response to my post would not allow them to be intelligent members of society.
So a parent/relative might be exempt after they get to the hearing, and argue their case, but they still could be fined. And plus they need to be dragged into the hearing first.
The act barely even bothers to address why a restriction is needed vs education. Just a quick "it appeals to the morbid interest of minors".
To a lot of parent video games are baby sitters that will work for weeks for $50. They really don't care if she's smoking in the house and hitting the kids, she's cheap.
I also have never seen how evolution and god are these 2 mutually exclusive ideas.
I also have nothing but contempt for sin now ask for forgiveness on my deathbed Christians. I know that is unchristian like and i feel that is one of my personal failings as a Christian is that i have trouble forgiving people.
My family is baptist. I am not. I was asked to leave my church when i questioned the pastors literal interpretation of Genesis and then Revelations.
Also, praying every night would not get you into heaven.
Yes, just like Islam and democracy when you get right down to it- anything can be used as propaganda. So you're saying that being being raised in a Christian family is brainwashing? Are you serious or just seriously over-exaggerating? Being raised with beliefs is certainly NOT the same as having them forced onto you. Yes, there are some people out there who try to force their beliefs on others. We call them fundamentalists. Every religion and system of government has them.
Also, who are you to say that one is not fit to be a parent because of their beliefs. One could say the same about you for teaching your children that idea but they would be wrong to pass such a judgement. Yes, let's just make it illegal for anyone under 18 to know of ANY religion, why don't we? Maybe because that would be unconstitutional, not to mention being far more like Communism than anything else.
No, it wasn't the word "Christian". It was your idea of using a religion in general as a scapegoat for problems of the world today.
Then why bother calling youself a Christian. If you deviate so far from the typical Christian, why even bother with the label. Just call yourself a person that has a hard time forgiving people. Why do you have to be in conflict with the label. We all need to become a society of people. If there is a God I'm sure he doesn't have a problem with it. Odds are he's not even paying attention.
Yes as a GAMER I'm saying I don't care if games cause kids to kill. Because it's MY entertainment. And I value that more then what happens to somebody elses kid. That's why I support NO regulation at all. I'm glad we have the ESRB to weasle out of this.
As for a source about dc www.washingtonpost.com we've been having massive crime sprees involving minors, to the point of hiring more police, instituting curfews, and it hasn't done much. The fact is once somebody is already influenced in a certain direction the damage is done. Any sort of attempt to stop it aftewards is trying to stop the hemoraging.
If you want a solution stop the wound in the first place, instead of trying to bandage it up afterwards.
Though honestly I haven't been mugged or car jacked, I don't have kids. It's not my problem and I wouldn't give up any of my games to help solve it. It's a price people pay so that some of us can be entertained. If somebody elses child chose to copy what they are shown/immersed in (which all children do) and hurts somebody else that's not my problem. However if they try to take something from me (games in this case), that is, and I'll staunchly complain about it.
Again I'll take the true stance of a gamer. I do not care what happens to other peoples children, or society as long as I can keep my own forms of personal entertainment. That's all there is to it, it's there problem not mine.
And I think games do cause violence in children. I've seen my friends kid act out after playing a fighting game and start a fight and hurt somebody, with the same moves he saw. But that's not my problem. Kids in middle school and bought the game on his own, the store sold it to them (as they should 100% if they are a good buisness) even though he wasn't old enough. I say sell the games to the kids and make more money. There isn't a penalty and we live in capitalism.
@Jaberwok
You can also get in trouble for "furnishing" pornographic material to minors. But we aren't hauling parents off to jail left and right because they bought little Timmy a playboy, or the kid found his dads stash.
If it wasn't illegal to sell it to kids I'd advocate doing that as well. It's not my problem and capitalism rules.
This isn't to say I'd provide games or porn to my own child... that's my problem. But then again I don't have kids.
That's what I tell people who tell my I'm not going to be saved. I reply "Well, as long as I live my life as a good person, why should my motivation matter? If there truly is a God as forgiving as you say, she'll understand." (that last part makes some of them twitch, and my day is just that much happier ;))
Today? No religion is a good reason for the problems of the world, since the dawn of man. You can't fall back on the constitution for this one. I could care less if people have a right to free religion, I'm talking about protecting children here. Kids should learn how the world works first, then how some nut jobs THINK it works second. I said a person who says Adam and Eve spontaniously sprang into existance was unfit to parent. If you're and armchair Christian that goes to church for the raffles and pancake breakfasts then I suppose you may no beleive that, so you may be okay. I don't think the idea of teaching you kids to have free will, and self worth that comes from themselves not from some ghostly father figure that they have to fear. I think that's damn good parenting. Christian families are like if I held up an apple in front of my kids and said, this apple is an orange. Then the kids says no I'd say, you better beleive it's an orange or I'll kick you downstairs. Then I ask the kid "What is this?" and the kid says "It's and orange." Then later when he is an adult and hears other people say that's an apple, he'll want to kick them downstairs. It's a cycle of insanity.
I have a feeling YOUR kids would do just fine. Beleive the values, have faith in the world around you.
I'd like to take a shot at the question you asked Brokenscope: because just believing doesn't make one a Christian or member of any other faith, for that matter. It's how you live your life and how you act. Why would there be any conflict with wearing a "label"?
While there are some families who
It's like our own government wants to ban fun altogether, not to mention they want to take the place of parents raising the kids. Soon, the days of being children will forever be banned.
You think that a person who believes in Christianity shouldn't a parent? Sweet Jesus, you are out of your mind. Why should one be excluded from being a parent just because of personal beliefs? If we kept religious folk from being parents there wouldn't be hardly anybody left on the Earth. A kid can grow up in a religous family and then turn away from religion. I know that I have. Why do you believe you know what qualities a parent should have?
@Mister Gone
I do agree with your points on teaching children about the world, and I do believe in free choice, I will not force my children to go to church, but I will encourge them. There are alot of things to understand about the world before one can function in it, but I do not have faith in the world alot of things have gotten way outta hand, but understanding that their are some intelligent people out there is always nice to know :).
Im not here to question your beliefs, nor how you view the world, but please understand there are some intelligent christians who were not "brainwashed" :).
1. Parents will remain stupid and buy the games for their kids
2. First Amendment
3. So Splinter Cell Chaos Theory, a game where you have to kill 2 people tops in the entire game, a game that teaches people NOT to kill is
depraved and against community standards?
Whew, I'm glad to live in canada :D
I don't know about Washington, but in my city, some crimes have gone down thanks to the presence of more police officers on patrol. Any kids out roaming after dark are picked up/questioned before they can get around to causing mischief.
Also, DC ST § 22-2201 provides excemptions for "furnishing" a minor with pornographic material. Includes scientific, educational, or other special justification for possession. This video game bill provides no such excemptions.
For pete's sake, don't try to use logic on him, trolls are impervious to it as it just bounces off their thick hide.
Look Mr. Gone, if you hate the repressive freedoms pushed on you by the USA, go ahead and move to Iran. I hear they're hiring at the "Nuclear Power Plant" there. If you like most of the freedoms but just hate having the right to free speech, you may want to consider the UK.
Instead of spending all of that time and money on a law that wouldn't work why not spend some money to educate parents on the games, but I still think if a parent wants to get the game for their children let them.
All of this contorversy about games casuing violence is a classic example of causation vs correlation which means there is no way to prove that video games alone contributed to the behavior, anyone who says otherwise is more than likely biased and falsifying data.
Okay there is a group of people called Porngs that beleive in helping their fellow man, in living life the best way you can, in virtue being it's own reward and they also require you to stomp 5 puppies to dead a day. Would you call yourself a Porng?
@Zatch
They are hardly PERSONAL beleifs if you try to ingrane them in someone else. Why should a child have to turn away from religion when they shouldn't have been there in the first place. The fear of the decline of Christianity is scaring the crap out of the fundies and they can't handle it.
@ Biohazard 451
I'm glad that there are people out there that can live the values and yet shy away from the insanity. My problem is they still seek to be assosiated with the insane people. It's like I want to be called a Serial Killer because Serial Killers breath oxygen and so do I.
While there are some Christian families who prefer to force their beliefs on their children, they are by far the minority. Please don't group all the millions of them into one and then say they're ALL wrong.
Yes, religion has been a source of many problems all throughout history, but that's because humans are very protective of their beliefs and many will do whatever it takes to follow through with them, especially in the earlier centuries. The thing is, people are still like that today, like it or not and religion will still be seen as the source for many problems in the future. That's the way the world is and, reagardless of what you may think, that isn't going to change any time soon. Ironically, saying that Christianity is just like Communism and then saying that people should not know about religion until adulthood sounds pretty Communist-like in itself. I'm glad you have your opinions; it shows that you're not one to follow just anyone who comes along. In that sense we are very much alike- while I am religious, I am not because I was raised as such but because I choose to be (and compared to many, I'm not very devout at all) ;)
Hey How bad Does Jack Thomson Suck
So bad that a black hole met him and was like "Whoa buddy, you're making us look lazy."
:P
What we need is to teach tolerance - we're all stuck on this rock we call Earth together, and things would be much better for all of us if we tried to understand and work with one another instead of always trying to argue that one viewpoint is superior to another. Sure, it's wishful thinking to a degree, but I think things in the world could be considerably better for all of us if once in a while people acted in the best interests of society as a whole and not just themselves.
Not to insult those who work to improve the world - I know you're out there, but unfortunately much of that goodness is overshadowed by extremism and intolerance.
As for the law - blah, blah, more of the same, though being able to fine parents for supplying games to their children is distressing. Yes, there are similar laws for alcohol and porn, but games are neither abusable substances or obscenity (except for porn games, which existing statutes tend to cover quite nicely.) And I imagine according to the letter of the law a parent giving a drink to his/her child is 'contributing to the delinquency of a minor' or something to that effect. But if the parent is responsible then no harm is done, and I think the police have better things to do than bust into our homes at dinnertime to make sure the kids aren't drinking. It's a crime, but no one really cares. Unless the kid, while drinking with the parent manages to get very drunk (because the parents are irresponsible) and commit some other crime - then an inquiry into where the alcohol came from would turn up the parents and they'd likely be charged with something.
Bravo! Well said ^_^
Couldn't have said it better myself. I am the type of person to get along with everyone and accept people for who they are not what they believe.
This law is completely bogus and I think like I said before it is another way to get voters to so "Oh look at him, he cares about the children and wants to protect them." You know alot we be easliy swayed because he wants to fine parents too, that screams out to some folks... "Hey this guy is serious."
This is one reason I can't stand to turn on the news in the morning, all you see is ad campaigns vote for this, and next one is vote against it.... it's so annoying.
1. This law violates the 14th Amendment due process clause by using a private industries ratings system as a form of government restriction. Not only that but thislaw singles out video games for regulation and not other forms of free speech such as movies, music, books, magazines, theater plays, ect.
2. This law violates the First Amendment of the Constitution by restricting minors access to free speech material that does not fall under the legally constitutional defintion of obscenity for minors, and is therefore protected speech for minors. Also the law does not have a legitimate proscription as there is no proof beyond some extremely weak, inconstistant, incredibly flawed and biased studies linking violent video games and other violent media to increased violent or aggressive behavior in kids.
3. The law goes against parental rights as it would bar parents from allowing their kids access to games they find appropriate for their children.
Fenty might as well make his campaign "I'll pass unconstitutional laws that will waste loads of taxpayers money and won't solve any problems with youth violence." Because that's what this law is.
There is a big difference between real life aggression and violence with intent to harm and aggressive and violent play.
Many kids after watching a wrestling match or an ultra-violent R-rated schwarzanegger movie will wrestle one another and pretend to shoot one another with their fingers or toy guns, BUT, they don't intent to actually hurt or harm one another. It just play and it's perfectly natural.
Of course some kids do get carried away with aggressive/violent play and do hurt one another but they don't really intent to. Accidents can happen and the kids are usually very appolegetic if they do hurt someone while playing aggressively.
Of course there are also kids who are violent and aggressive to being with and playing a violent game may set them off, BUT if the game wasn't there it would just be something else that would set them off instead.
I'd forgotten about # 3. What about rental places that allow parents to set what ratings their kids are allowed to rent? This would override that...
Many kids after watching a wrestling match or an ultra-violent R-rated schwarzanegger movie will wrestle one another and pretend to shoot one another with their fingers or toy guns, BUT, they don’t intent to actually hurt or harm one another. It just play and it’s perfectly natural.
Of course some kids do get carried away with aggressive/violent play and do hurt one another but they don’t really intent to. Accidents can happen and the kids are usually very appolegetic if they do hurt someone while playing aggressively.
Of course there are also kids who are violent and aggressive to being with and playing a violent game may set them off, BUT if the game wasn’t there it would just be something else that would set them off instead.
Intent to hurt doesn't matter that much. Many people are hurt when there was no intention.
As for the game. Yes if the game wasn't there something else could serve as the catalyst. However that doesn't mean much. If a child wanted to hurt somebody and didn't have a gun he could use a bat. Obviously one is much worse, and in America children handle both guns and bats safely all the time, it's rare that something goes wrong.
The thing about games is since they are interactive they hold more influence then a book or a movie. Now maybe something else would set them off, but it might not be as bad.
Again I'm for violent games even though they are bad for minors. As long as companies make money, and I stay enterained it's not my problem.
As for the law. I applaud the attempt, though I think it will fail. Retailers should require ID for unsupervised kids purchasing M and AO games. They should also receive a fine if they sell to them. If your parents have a problem with you buying a game, then they are doing their job. If they don't and purchase it WITH you (or give as a gift) then its their choice.
I do not support JT and his crusade that games make people violent. Ultimately, the parents should be held responsible and should share jail time with their wayward criminal children for the acts they commit. Maybe it will make parents care about how they raise their children if they can get jail time for being a pitiful parent.
BTW..younger the kid, the less capability they have to distinguish "moral" and "immoral" acts. This is well documented. Hollywood needs to come under equal fire as game makers for their responsbility. Add to that MTV music videos and music artists that glorify violence.
Kind of funny since crime rate has been going down in DC each year as games get more violent. DC is still a dangerous place but I'd say that the state of our economy is more of a direct impact on crime than games will ever be. People don't steel a TV or jack a car because they saw it in a game. They do it because they don't have the money to buy what they want. Perhaps its the fault of modern media expressing a societal need to live beyond one's means. People who barely make a living buy 40k SUVs and go into their steady financial ruin. This has more of an effect on violence and crime than games could ever hope for.
http://en.wikipedia.org/wiki/Crime_in_Washington,_D.C.
http://mpdc.dc.gov/mpdc/cwp/view,a,1239,q,547256,mpdcNav_GID,1556.asp
So next before you go on and about supporting an unconstitutional bill do a little bit of research first.
... I'll have the roast duck with mango salsa.
"Again I’ll take the true stance of a gamer. I do not care what happens to other peoples children, or society as long as I can keep my own forms of personal entertainment. That’s all there is to it, it’s there problem not mine."
I don't think your views in any way reflect "the true stance of a gamer." Look at charities like Childs Play and Get Well Gamers; that certainly doesn't point to gamers as not caring about society. If anything you sound a lot more like what the Jack Thompsons of the world wish gamers were. If I was one for conspiracies I would almost think you were just some politician trying to create an example to take quotes from. Its fine if you speak your mind, but don't ever try to make your troubled views a label for the rest of us.
Unless they rewrite this part of the law to exclude parents (or at least provide some sort of exception) then the law is unconsitutional since it would make it illegal for a child to get M rated games and that would be obvious censorship.
"Also, note the title of the bill. Now, what is the case law concerning violence and obscenity again? "
The former isn't the latter. EVER. Obsenity applies -only- to sexual material under the Miller test, and as Andrew pointed out there aren't any M or AO games that fall under that classification. The closest you could get would be importing Japanese H-Games which -aren't- rated by the ESRB.
@Mr. Gone
Read the ENTIRETY of the First Amendment before you post again, please. Also, the entire point of our constitution and the structure of our democracy is to -limit- the power of the federal government, and you want to empower it for the purposes of an ideological/eugenic purge of the population? I amend my first sentence: read the entirety of the First Amendment and then read a basic history of modern western Civilization starting from the 30 Years' War and the Peace of Westphalia onward before posting again.
@Psychotix
"The thing about games is since they are interactive they hold more influence then a book or a movie. Now maybe something else would set them off, but it might not be as bad."
Actually, that has yet to be demonstrated in any study. That a lot of people think it makes -sense- that this would be the case doesn't make it true.
@kickassgamer
The overall violent crime rate and the crime rates for individual violent crimes have all been dropping steadily since 1991-93 (depending on the data set you look at). The graphs that the various game magazines used came from the Bureau of Justice Statistics' National Criminal Victimization Survey (NCVS) which is one of the two rubrics used to gauge national trends. The other is the FBI's Uniform Crime Reports (UCR).
http://www.fbi.gov/ucr/cius_04/
http://www.ojp.usdoj.gov/bjs/
@The People who support legally empowering the ESRB ratings system
http://caselaw.lp.findlaw.com/data/constitution/amendment14/
Reference Section 1 as it applies to the First Amendment (No citizen can be denied their rights without due process of law. ESRB Rating doesn't satisfy "due process")
@The People who just think making a government rating system is a good idea in general
http://caselaw.lp.findlaw.com/data/constitution/amendment01/
The commentary provides a good grounding on the legal context. It is ILLEGAL to create -any- system restricting distribution of -any- form of speech in America unless the State or Federal government can prove that there is some overriding concern for the welfare of the public.
Read the last few judicial decisions and you'll see that the states have consistently failed to prove that overriding concern.
I can see where it would work. It would make a parent look twice before buying a game like San Andreas for his or her child. You thoser parents who don't takt the time to really look at the game's rating before buying the said game and then says that they are helpless to what their choldren are doing, and are wondering where the system has gone wrong. Not all parents. Just 'those' parents.
I think the parents should also sign a waiver too. It would clear up a lot confusions later.
- Warren Lewis
To much trouble. Just let the parent buy a Grand Theft Auto game for their kids. If they are to stupid to figure out that a game called "Grand Theft Auto" shouldn't be played by younger kids, then they probably shouldn't be a parent anyway. ^_^
- Warren Lewis
@sly not all christians are bad people a very good chunk pick christianity not becuase of the bible but becuase they need somewhere to belong and perhaps the commnadments somewhat fit thier morals stance.Sometimes its folks Executeing what they read(ie gay hating)without learning something called tolerence,those are the ones you should generaly avoid(ie whacko jacko).
As for my own opinion on the subject personaly I have no qualms about whatever religion you are in as long as they dont shove it down my throat or start spewing "hate this person,hate that person" garbage.I myself dont have a religion to call my own as im a outright jackass when it comes to fact checking and have found that being part of one tends to do more harm than good(and if thiers a sudden change im sapposed to "go with the crowd" wtf ima individual not a puppet). I am not dissing christianity as a whole but thiers always a group that has a tendacy to cuase random wars/hate and such.
Next on the list is this retarded law apparently our elected officials cannot read or want to read it but interpert it ina twisted way.I mean comon what part of the first and 14th amendment is hard to understand?
*gets out darwin award*here DC you deserve this!
ps-as for my own beliefs i tend to hold science as a ligitimate "sub religion"
if i must be labeled to belonging to a group i also take a few pointers from buddism as well if anyone cares.
the LAW dose not need to get into "protecting" X or Y from media that will b the start of censorship so the goverment can protect itself from things it dose not like.
The ESRB has the ability to take care of most things by fines and their things its doing a far better job than the movie industry is at keeping M rated media out of the hands of kids,their rating is system is far from prefect tho but better than the movie rating system.
Much like Alcohol is handled its within the parents right to tech a kid 13+ what wine is and what goes with what same can be said for beer however if the parent can not parent and the kid winds up roaming the streets drunk then it becomes a issue out of the parents hands,A parent has to teach and guide a kid if the if it is to go out of control then outside forces need to intervene,the law leaves parents enough room to parent using the social norms as a marker if it falls under that marker then it can be abusive.
Hell if not parented well the bible and booze dose more damage than music/movies and video games combined,only thos that are already screwed up will take from music/movies and video games and go on a rampage or lay down in a highway.
With that said dose it mean boose and media should not have minuim requirements.....no while the requirements on booze gives me a headache because it varies,Games and Music is simple use the standard age groupings most of the world dose,so a kid by itself can not view stuff it should not without guidance from a parent or guardian,after all this is not about protection but about guidance.
Again I want to go over my near perfect rating setup for games
Early Learning 2-6=EL2-6
Everybody nonviolent=ENV 2-6
--
Everybody6+=E6+
Everybody10+=E10+
--
Teens 13+=T13+
Teens16+=T16+ (simmualr to M17 but with the more heavier content stuff going to M18)
--
Mature18+=M18+(more sexy or violent than T16 or the old M17,with this no game based on violence alone cannot be AO'd)
Adults Only+=AO (for porn or games that have heavly useage of sex or nudity in it)
Big surprise, these are the same peckerheads who kept Marion Barry in office for twelve years. Remember this gem?
"Outside of the killings, DC has one of the lowest crime rates in the country."
I just have to ask:
Jabrwock, what do you do for a living? You are smart and studious as hell. You catch so many things I look over that I'm hoping you're currently researching cancer, acting as a wartime diplomat, building a starship, and/or fighting crime as a caped crusader.
Hey, not Berry's fault...it was the crack talking ;)
@Zippy
"Much like Alcohol..."
Bad analogy and one that's popular with the pro-censorship/control side on this issue. Alcohol has proven negative effects that have been demonstrated by hard science. Games don't.
Anyways...
"I really think that this law is INTENDED to be unconstitutional. It ends up being a win-win situation for Adrian Fenty. First, supporting this laws makes him look good, he cares about family values, the children. Second, due to the fact that this will never become a law (the way it is drafted has made sure of that) he doesn’t have to worry about enforcing it. Fining parents 1000 dollars for giving them a Mature video game? What if my nephew comes over to my house? Will I have to lock it in a cabinet. It’s impractical and Draconian."
Dustin1986 has nailed it on the head. I think any sane person would realize that it is unconstitutional and that the politicians know that these laws will be struck down but only do it to gain support from the "please somebody think of the children" type of crowd.
Even if this Act were for real, it would be (if I got the right term) fascist. I don't even think parents in DC should vote for this being as it helps to take away the rights of parents. This is just a hardcore example of letting the government do our thinking or parenting for us (not that I'm a parent) instead of us taking responsibility for ourselves.
im going on 16 and im mature enough to play gta all i want...ive never stolen a car, killed anybody, never even hit anybody. the game does not affect behavior unless ur a very young age like 1-8 yrs. hitler never had gta and look what he did, just because people are under 18 and play violent games does not mean we're going to shoot everybody and go rape people. besides its all up to if the parents think that there kids are mature enough. everybody at my school has played gta (over 2000 kids at my HS) and never really done anything bad, sure a lot of them do drugs but thats not really in many games, moreso on tv. what about the news, they have more violence on there than most games ex.) war in iraq (car bombs, killings, nuclear weopens, guns, terrorists), if there going to fine parents $1000 for buying there kids a game they might as well fine them a $1000 for watching the news or even watching tv altogether. no way in hell will this pass in court, if they do have them read this post
I ASSURE you it is not just the HILLBILLYs that are not raising their choldren the right way & you are a COMPLETE IDIOT for thinking that!
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