As 9th Circuit Mulls Game Law, GameSpot Interviews CA's Leland Yee

November 4, 2008 -

As GamePolitics recently reported, the 9th U.S. Circuit Court has taken California's 2005 video game law under consideration.

A lower court ruled last year that the law, which restricts sales of violent games to underage buyers, is unconstitutional. GameSpot has interviewed State Sen. Leland Yee (D), the driving force behind the measure, for their latest podcast.

While most gamers won't share Yee's view on the California law, the legislator is invariably respectful of gamers (if not their pastime).

According to Yee, this case is heading to the highest court in the land, no matter who wins before the 9th Circuit:

However the Ninth Circuit's going to rule on this matter, I think either side is going to appeal this. It's going to go to the Supreme Court. Hopefully what we're going to end up [with] in California and throughout the nation is a balance. How do you protect the first amendment and ensure there's not going to be limitations on the free expression of individuals' desires and wants and creativity when developing these games but at the same time protecting our kids and the general public?

There is an organized effort to let me know very clearly that a lot of the gamers are not supportive of what I'm doing. I'm not trying to be arrogant or disrespectful toward them, but I am a legislator myself. And I need to look at what is also right. Leadership is sometimes not about simply putting your finger in the political wind and seeing how everybody feels. Rather, it's having some hard, core values as to what you think is appropriate and right and trying to do the right thing.


Comments

Re: As 9th Circuit Mulls Game Law, GameSpot Interviews CA's

As I previously noted, IMHO, I don't think the Supreme Court would take up this case unless California wins in the Ninth Circuit, which appears unlikely.

The Supreme Court is likely to take this case up only if there is a split in the federal circuit courts of appeals. Since the Seventh and the Eighth Circuits have struck down these types of laws, if the Ninth Circuit strikes this one down as well, there will be no split in the circuits.

Of course, if the Ninth Circuit rules for California, then there would be a split in the circuits, making it more likely -- but not guaranteed -- that the Supreme Court will take the case.

 

Re: As 9th Circuit Mulls Game Law, GameSpot Interviews CA's

Dennis, do you have any contact with Yee? Do you think he'd agree to an interview comprised of a community written set of questions? Maybe we could think up the most well backed up set of rational calm arguments without the words "fuck", "facist" or "banana" anywhere (that last one is just personal preference, I hate bananas) and try to get some real dialogue going rather than isolated press release followed by isolated forum vitriol.

Hehe then for a laugh ask jack thompson if he'd like to submit a question.

Re: As 9th Circuit Mulls Game Law, GameSpot Interviews CA's

I think he'd agree. Unlike Jack, he's respectful and it is actually possible to have a reasonable debate with him.

This is the reason I don't think he's a bigger threat than Jack. Unlike him, he's reasonable (on some points).

Re: As 9th Circuit Mulls Game Law, GameSpot Interviews CA's

Well thats a good sounding start, assuming he is actually open to other opinions and not just being polite. I suppose thats one advantage to dealing with internet twats, they'll just call you a n00b, tell you to fuck off and probably make some sort of racial slur that's not even remotely accurate. Sure they're total dipshits but at least there's no time wasted...

Re: As 9th Circuit Mulls Game Law, GameSpot Interviews CA's

Screw that guy and his "finger in the air, feeling the politial winds" bullshit. He knows that as a voting block gamers are a minority and that appealing to parent fears of a phenomenom that most of them don't understand is a great way to look like you are trying to protect kids. So he is being a hypocrite and doing EXACTLY what he says, in a roundabout way, that he is not.

Also, the only thing he is doing is appearing to be protecting kids, honestly there have been no good studies linking game violence with youth violance. None. Zilch, zero, nada, zip.

I know some here will poo poo it but I will not vote for people who support this type of legislation, even if that means I don't vote in a particular race.

Re: As 9th Circuit Mulls Game Law, GameSpot Interviews CA's

I think that Yee would do a better job if he talked to parents about the ESRB Videogame ratings system, telling them that the 3 major consoles would never allow an AO18+ rating for a game and that the M17+ rating is as high as any Videogame sold in the US would allow even if it is (Ultra) Violent as he puts it.

But I don't think he would do that because he might lose votes that way.

 

So he goes on trying to change the law into his own moral view point is where he crosses the Freedom of Speech and it is a pitty that this guy will never learn from his mistakes and at the cost he is wasting so many Tax Payers money over such a law that is highly unconstitutional.

 

Sorry mate, you do speek well and of course you are only doing what you think is right. You are better than a certain disbarred laywer but once again you fail to understand what the Freedom of Speech is and why you should not allow your own morals to influence the laws that you are trying to change.

 

Don't mean to be mean if you are reading this, but if you don't stop now, then you will surely lose.

 

TBoneTony

Re: As 9th Circuit Mulls Game Law, GameSpot Interviews CA's

While it is nice that he speaks well, hears us, and such, he has to keep in mind there is a difference between sticking you finger up to see which way the political wind is blowing and representing your constituants. If they don't want this law, or at least don't want their tax money to go into defending and appealing this law, then it isn't what you should be doing.

I guess what i disagree most with is there attempt to make their own moral viewpoints law. Personally I don't think that children should be playing M rated games, and when someone tells me that they are buying something for their kid and it is rated M, I explain to them that it is similar to rated R. Usually at first they don't believe me, and ask if it means it will have nudity (that is usually their first worry). I explain that even most R rated movies don't have nudity and that the M rated games are usually done so for violence and gore, but they can easily see what is in it by reading the block.

HOWEVER, at no point in time do I tell them that they CAN'T, SHOULDN'T, or AREN'T ALLOWED to buy the game for their kid. That is THEIR choice as a parent.

Re: As 9th Circuit Mulls Game Law, GameSpot Interviews CA's

How many billions is California in debt again?

Re: As 9th Circuit Mulls Game Law, GameSpot Interviews CA's

Not that any gibberish Yee spits out should be taken remotely seriously, but what the hell...

How do you... ensure there's not going to be limitations on the free expression of individuals... but at the same time protecting our kids and the general public?

Since no one needs to be protected from games (at least not by the government), it's easy as hell. No game legislation. Period.

There is an organized effort to let me know very clearly that a lot of the gamers are not supportive of what I'm doing.

Tch. Like it makes any difference to him.

I'm not trying to be arrogant or disrespectful toward them

Certainly not. He doesn't give a fuck one way or another.

And I need to look at what is also right.

He sure does. But he isn't, is he?

Leadership is sometimes not about simply putting your finger in the political wind and seeing how everybody feels.

True, and that's exactly what he isn't doing.

Re: As 9th Circuit Mulls Game Law, GameSpot Interviews CA's

Once you give one party the ability to regulate one aspect, you being the slide it could be argued that other groups of people could be regulated as well.  Our freedoms can not be curbed no matter what.  We all have these rights when we are born, this includes infants, kids, and teens.  It is up to society to push their views and limitations within the limits of the law. 

aka Parents need to do the regulating!

Re: As 9th Circuit Mulls Game Law, GameSpot Interviews CA's

How do you protect the first amendment and ensure there's not going to be limitations on the free expression of individuals' desires and wants and creativity when developing these games but at the same time protecting our kids and the general public?

There's a flawed assumption in that statement, and that's Yee's problem. Protecting them from WHAT?

 

Re: As 9th Circuit Mulls Game Law, GameSpot Interviews CA's

"How do you protect the first amendment and ensure there's not going to be limitations on the free expression of individuals' desires and wants and creativity when developing these games but at the same time protecting our kids and the general public?"

How about educating the parents and giving them the proper tools to MAKE AN INFORMED DECISION on how to best raise their kids, as opposed to the Government, no matter how well-intentioned, TELLING them how to raise their kids?

</beating a dead horse>

Re: As 9th Circuit Mulls Game Law, GameSpot Interviews CA's

http://www.myspace.com/hermoinefan_420 (and boom goes the dynamite)

 

 

so is this law the same as all others that have already failed going thru???? i dont get why they keep trying to do this over and over and over again..i mean isnt it already been said its unconstiunional? (i'm sure that is spelled wrong)

 

and i do agree that at least yee does at mature and doesnt do the whole "well ur a bad person cause you wont agree wtih me you big meanie" 3 year old crap a certain person does...oh well i'm sure this will be a epic fail

Re: As 9th Circuit Mulls Game Law, GameSpot Interviews CA's

He'll talk Supremes up to the last minute, I have my doubts as to whether he would follow through on that though, it sounds like the Industry very firmly has the upper hand in the matter so far, and if it's too clearly a win for the Industry, Yee will not take it higher, but, being a politician, he will talk tough until he has no choice, it's what the voters expect.

Re: As 9th Circuit Mulls Game Law, GameSpot Interviews CA's

Yee is anything but respectful. He is a filthy two-faced snake.  He is an ass-kisser to your face and then proceeds to turn around and do/say the exact opposite.  He also said he would not appeal the law the first time it failed.  When the Supreme Court upholds free speech yet again, he will have unwittingly set a prescedent (sp?) to basically kill all other anti-1st ammentment legislation from that point on.

Re: As 9th Circuit Mulls Game Law, GameSpot Interviews CA's

"He is a filthy two-faced snake.  He is an ass-kisser to your face and then proceeds to turn around and do/say the exact opposite."

 

So what ya saying is he's a politician.

Hunting the shadows of the troubled dreams.

Hunting the shadows of the troubled dreams.

Re: As 9th Circuit Mulls Game Law, GameSpot Interviews CA's

I may disagree with this legislation, but at least Yee manages to act like a gentlemen and is respectful of others. I've never seen him trolling a gaming message board getting into nonsensical, petty arguments with gamers who disagree with his position. He seems to realize that generally being an asshole will get you nowhere fast.  Which is more than you can say for our ol' pal Jack Thompson. And that is one reason why Yee is still employed where as Thompson is not.

Re: As 9th Circuit Mulls Game Law, GameSpot Interviews CA's

This is the reason I think Yee is a bigger threat than Jack Thomspon will ever be.  Yee can back laws that would hurt gaming, based off of iffy data and not llok crazy in doing so.  That can convince a lot more people who aren't up to date on the info.

Re: As 9th Circuit Mulls Game Law, GameSpot Interviews CA's

I agree. It makes the guy far scarier then Thompson.

 

"No law means no law" - Supreme Court Justice Hugo Black on the First Amendment

"No law means no law" - Supreme Court Justice Hugo Black on the First Amendment

Re: As 9th Circuit Mulls Game Law, GameSpot Interviews CA's

I forget, did JT support or oppose Senator Yee?

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Re: As 9th Circuit Mulls Game Law, GameSpot Interviews CA's

He may be respectful, but he's no less of a two-faced, hypocritial, anti-youth, pro-censorship, nanny-statist dipshit. Go appeal the ruling to the Supreme Court Mr. Yee and watch it fail miserably.

"No law means no law" - Supreme Court Justice Hugo Black on the First Amendment

"No law means no law" - Supreme Court Justice Hugo Black on the First Amendment

Re: As 9th Circuit Mulls Game Law, GameSpot Interviews CA's

But at least he isn't frothing at the mouth and calling us "dipshits" eh?  Seriously, tone it back a little.  You're just acting the stereotype of gamers as mouth-breathing cavemen who can't engage in legitimate debate.

I seriously disagree with Lee's opinions, but the man has a right to believe what he believes.  Jurisprudence is against him but he has a right to fight the battles he thinks are appropriate.  We have a right to fight back and we'll probably win.

Lee strikes as someone who will accept an unfavorable SCOTUS decision and let it die.  Not keep beating a dead horse by proposing the same law over and over (or fighting the same case over and over).

Re: As 9th Circuit Mulls Game Law, GameSpot Interviews CA's

Sorry to say it but i stand by what i said. To me this issue isn't so much about video games then it is about Freedom of Speech and keeping the nanny-state out of our lives. Leland Yee is IMHO the ultimate nanny-statist and protectionist who wants the government to come in and regulate and dictate every aspect of our lives and our children's lives under the guise of protecting us from ourselves and our children from some supposed hidden harm.

Not only that by Mr. Yee is a total hypocrite, he's a married man who cruises the streets at night looking for prostitutes and stealing $10 items from drug stores while bitching and moaning about those violent video game and how they are harming our children. The guy has absolutly no business trying to legislate morality. 

 

"No law means no law" - Supreme Court Justice Hugo Black on the First Amendment

"No law means no law" - Supreme Court Justice Hugo Black on the First Amendment

Re: As 9th Circuit Mulls Game Law, GameSpot Interviews CA's

Well said and agreed 100%.
---
I'm not under the affluence of incohol as some thinkle peep I am. I'm not half as thunk as you might drink. I fool so feelish I don't know who is me, and the drunker I stand here, the longer I get.


---
I'm not under the affluence of incohol as some thinkle peep I am. I'm not half as thunk as you might drink. I fool so feelish I don't know who is me, and the drunker I stand here, the longer I get.

Re: As 9th Circuit Mulls Game Law, GameSpot Interviews CA's

He's wrong, but he's always respectful when he speaks.  Pity some disbarred lawyers couldn't learn a thing or two from him.

Re: As 9th Circuit Mulls Game Law, GameSpot Interviews CA's

It could be about any number of other subjects but I still think it's removing responsibility from the parents. Oh, and unless they start making it a law for the MPAA and RIAA they can fuck off.

Re: As 9th Circuit Mulls Game Law, GameSpot Interviews CA's

Actually, Mr. Yee, it does matter who wins. If California wins(which looks unlikely), then SCOTUS is more likely to hear the case. If the industry wins, then SCOTUS is less likely to hear it, since it would still unanamious among the circuits that those anti-game laws are unconstitutional.

Geaux Saints, Geaux Tigers, Geaux Hornets, Jack Thompson can geaux chase a chupacabra.

Geaux Saints, Geaux Tigers, Geaux Pelicans. Solidarity for the Saints = No retreat, no surrender. 2013 = Saints' revenge on the NFL. Even through the darkest days, this fire burns always.

 
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MaskedPixelantehttp://m.tickld.com/x/something-you-never-realized-about-guardians-of-the-galaxy Right in the feels.08/29/2014 - 6:56pm
AvalongodAgain I think we're conflating the issue of whether Sarkeesian's claims are beyond critique (no they're not) and whether its ever appropriate to use sexist language, let alone physical threats on a woman to intimidate her (no it isn't)08/29/2014 - 5:04pm
prh99Trolling her or trying to assail her integrity just draws more attention (Streisand effect?). Which is really not what the trolls want, so the only way to win (if there is a win to be had) is not to play/troll.08/29/2014 - 5:02pm
prh99Who cares, just don't watch the damn videos if you don't like her. Personally, I don't care as far as she is concerned as long there are interesting games to be played.08/29/2014 - 4:34pm
Andrew EisenZip - And yet, you can't cite a single, solitary example. (And no one said you hated anyone. Along those lines, no one claimed Sarkeesian was perfect either.)08/29/2014 - 3:51pm
Andrew EisenSaint's Row: Gat Out of Hell was just announced for PC, PS3, PS4, Xbox 360 and Xbox One making it the 150th game For Everything But Wii U! Congratulations Deep Silver!08/29/2014 - 3:49pm
ZippyDSMleeI do not hate them jsut think its mostly hyperlobe.08/29/2014 - 3:40pm
Andrew EisenSleaker - I'd say that's likely. From my experience, most who have a problem with Sarkeesian's videos either want to hate them in the first place (for whatever reason) or honestly misunderstand what they're about and what they're saying.08/29/2014 - 3:16pm
james_fudgeWe appreciate your support :)08/29/2014 - 2:55pm
TechnogeekIt gives me hope that maybe, just maybe, the gaming community is not statistically indistinguishable from consisting entirely of people that your average Xbox Live caricature would look at and go "maybe you should tone it down a little bit".08/29/2014 - 2:49pm
TechnogeekI just want to say that while I've disagreed with the staff of this site on several occasions, it's still good to see that they're not automatically dismissing Anita's videos as a "misandrist scam" or whatever the preferred dismissive term is these days.08/29/2014 - 2:49pm
E. Zachary KnightZippy, So you can't find even one?08/29/2014 - 1:04pm
ZippyDSMleeAndrew Eisen:Right because shes prefect and never exaggerates... *rolls eyes*08/29/2014 - 12:53pm
SleakerAnd honestly, nearly all of the games she references, or images she depicts I've always cringed at and wondered why they were included in games to begin with, from pinups through explicit sexual depictions or direct abuse. I think it's cheap storytelling.08/29/2014 - 12:35pm
Sleaker@AE - aren't most people fundamentally misunderstanding her at this point? haha.. On a related note I think a lot of the backlash is coming from males that think she is telling them their 'Generic Male Fantasy' is bad and wrong.08/29/2014 - 12:33pm
Andrew EisenAnd no, I don't think the female community would be upset over the performance of a case study in and of itself. Possibly the mostivations behind such a study, the methodology or conclusions but not the mere idea of a case study.08/29/2014 - 12:29pm
Andrew EisenAmusingly, these videos aren't saying you can't/shouldn't use tropes or that sexual representations are inherently problematic so those are very silly things to have a problem with and indicate a fundamental misunderstanding of the series.08/29/2014 - 12:29pm
SleakerDo you think the female community would get extremely angry over a male doing a case study on the negative impact of sex-novels and their unrealistic depiction of males and how widespread they are in american culture?08/29/2014 - 12:25pm
SleakerThe other thing that people might find problematic is that they see no problem with sexual representations of females (or males) in games. And realistically, why is there anything wrong with sexual representations in fiction?08/29/2014 - 12:24pm
SleakerTo even discuss or bring up these issues at a cultural level to begin with. Going straight for games to many probably feels like a huge overstepping given that it's interactive story in many cases, and when you're telling a story why can't you use tropes.08/29/2014 - 12:21pm
 

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