Faced with ESA Lawsuit, CTA Defends Ban on M-rated Game Ads

July 23, 2009 -

A spokeswoman for the Chicago Transit Authority has commented on the federal lawsuit filed against the agency's ban on M-rated video game ads yesterday by the Entertainment Software Association.

Kotaku reports:

Reached for comment... Wanda Taylor, a spokeswoman for the Chicago Transit Authority, told Kotaku that the authority has not yet been served with the suit but that they feels that the ordinance is defensible.

"The CTA does not allow advertising for alcohol or tobacco products and this ordinance is consistent with that long-standing policy," she said...

Taylor pointed out that they have a number of guidelines in place for determining if an advertisement can run on the CTA. The guidelines, she said, require ads to be truthful and not directed at inciting imminent lawless action. The ads cannot be legally obscene, sexually explicit, depict nudity or portray graphic violence nor can they incite lawless illegal action.


Comments

Re: Faced with ESA Lawsuit, CTA Defends Ban on M-rated Game ...

"The ads cannot be legally obscene, sexually explicit, depict nudity or portray graphic violence nor can they incite lawless illegal action."

So some guys standing around with the title of the game is legally obscene, there's not even an image of a gun ROFL epic fail. I'm looking forward to seeing the ESA rape them in court on this. These grey haired old men need to be taught a lesson that your not going to bully our industry without consequences. I applaud the ESA

Oh and what about ads for R-rated movies I remember when I was 15(still too young to see R-rated movies) seeing an ad for 50 Cent's movie on a bus and when the Matrix sequels came out I was only in junior high and they were being advertised on there as well.

Oh and I also remember seeing an ad for Blitz 2 on a CTA bus one time yet it was only the ads for GTAIV that caused an uproar.

Re: Faced with ESA Lawsuit, CTA Defends Ban on M-rated Game ...

"The ads cannot be legally obscene, sexually explicit, depict nudity or portray graphic violence nor can they incite lawless illegal action."

And it's impossible for an ad for an M-rated game to not violate at least one of those guidelines, right?

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Debates are like merry go rounds. Two people take their positions then they go through the same points over and over and over again. Then when it's over they have the same positions they started in.

---------------------------------------------------- Debates are like merry go rounds. Two people take their positions then they go through the same points over and over and over again. Then when it's over they have the same positions they started in.

Re: Faced with ESA Lawsuit, CTA Defends Ban on M-rated Game ...

"The guidelines, she said, require ads to be truthful and not directed at inciting imminent lawless action."

So buying M rated games is now illegal in Chicago? Dennis how could you have missed such an important story? I mean hell there's no way she would just spout random facts unrelated to the case at hand.

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Debates are like merry go rounds. Two people take their positions then they go through the same points over and over and over again. Then when it's over they have the same positions they started in.

---------------------------------------------------- Debates are like merry go rounds. Two people take their positions then they go through the same points over and over and over again. Then when it's over they have the same positions they started in.

Re: Faced with ESA Lawsuit, CTA Defends Ban on M-rated Game ...

What's the point of citing all these guidelines as evidence that they can ban it when the ads don't even come close to crossing those guidelines? This is more evidence in FAVOR of having the ads be allowed than against it. 

Re: Faced with ESA Lawsuit, CTA Defends Ban on M-rated Game ...

Funny, she names all of those guidelines and these ads fall into absolutely none of them.

I'd love it if they cited the same tired studies, biased, and flawed as their reason for the ban.

Re: Faced with ESA Lawsuit, CTA Defends Ban on M-rated Game ...

Not having a leg to stand on seems to be a popular trend in some circles.

Re: Faced with ESA Lawsuit, CTA Defends Ban on M-rated Game ...

I seem to recall that the ads showed no unlawful activites, not even any weaponry.  They simply showed various characters from the GTA game.

Re: Faced with ESA Lawsuit, CTA Defends Ban on M-rated Game ...

Technically, that doesn't matter. The CTA is saying, whether correctly or not, that the advertised product is harmful to minors. Therefore any advertising of the product, regardless of the content of the advertising, is banned. To use their cigarette analogy - again, whether the analogy is well-placed or not - it doesn't matter that the advertising doesn't depict someone smoking a cigarrette. If the advertising said "Newport 100s" and nothing more, it'd still be banned.   

Re: Faced with ESA Lawsuit, CTA Defends Ban on M-rated Game ...

If that's the case, they have no leg to stand on.  There's no hard evidence that video games are harmful to minors.  And even more, unlike tobacco and alcohol, there are no laws restricting sales to minors.

How can they justify banning certain game ads if it's perfectly legal for any 10 year old to buy GTA (assuming he can find a store willing sell to him).

Re: Faced with ESA Lawsuit, CTA Defends Ban on M-rated Game ...

"Taylor pointed out that they have a number of guidelines in place for determining if an advertisement can run on the CTA. The guidelines, she said, require ads to be truthful and not directed at inciting imminent lawless action. The ads cannot be legally obscene, sexually explicit, depict nudity or portray graphic violence nor can they incite lawless illegal action."

And how would the GTA ads (or any other M-rated Game ad) have done any of this?  It's going to be hilarious to watch Chicago bleed some more dollars from their wasteful budget; maybe they'll become the next California.  Or Cleveland.

I've seen violent R-Rated Movies advertised on Chicago (and other TA) buses.  I've seen ads that are, indeed, sexual in nature.  So their line is bullshit, and they're unfairly singling out the industry.  And that'll be great for the ESA to point out.  I'm glad to see, however, that Chicago is still a corrupt city of corrupt people.

Re: Faced with ESA Lawsuit, CTA Defends Ban on M-rated Game ...

Why do these ignorant people keep insisting that video games are somehow on the same level as Alcohol and Tobacco? They are nothing at alike. Video games are an artform protected by the First Amendment. Alcohol and Tobacco are substances that can harm the healt hof anyone who uses them and are not protected by the First Amendment.

The guidelines, she said, require ads to be truthful and not directed at inciting imminent lawless action. The ads cannot be legally obscene, sexually explicit, depict nudity or portray graphic violence nor can they incite lawless illegal action.

Please tell me what M rated game has advertisments that fall into any of those categories? By blanket banning all M rated game ads you are violating this very ideal. An M rated game can be advertised quite effectively without violating any of those provisions.

Morons.

E. Zachary Knight
Oklahoma City Chapter of the ECA
http://www.theeca.com/chapters_oklahoma

Re: Faced with ESA Lawsuit, CTA Defends Ban on M-rated Game ...

Agreed

Re: Faced with ESA Lawsuit, CTA Defends Ban on M-rated Game ...

Actually, there are similarities between advertising of alcohol and cigarettes and advertising of videogames. If nothing else, it's all advertising. And advertising does enjoy some protection under the First Amendment. Not as much protection as non-commercial speech, but protection nevertheless. The difference is that alcohol and cigarettes undisputably pose a risk of harm to health, thereby satisfying one of the requirements of the First Amendment needed to lawfully restrict their advertising. That videogames are harmful isn't at all clear and it is this fact against which those who seek to restrict videogames and the advertising of videogames keep smashing their heads.

Re: Faced with ESA Lawsuit, CTA Defends Ban on M-rated Game ...

Sure you can defend it, doesn't mean you have a snowball's chance in hell of winning it. It sounds like they're planning to go with a "legally obscene" or "incitement" defense. I really hope they do because we could get a definitive ruling in a Federal District Court that Grand Theft Auto is NOT legally obscene, which would be nice.

If that is their defensive strategy they've got quite the uphill battle. Basically they're admitting right out that they are engaging in content based suppression of speech which is presumptively unconstitutional and the burden falls on the defendant to prove the material is non-protected speech.

Re: Faced with ESA Lawsuit, CTA Defends Ban on M-rated Game ...

Well, we would not get a ruling that the game is NOT legally obscene. Rather we would get a ruling that the ads for the game did not violate any of their restrictions.

E. Zachary Knight
Oklahoma City Chapter of the ECA
http://www.theeca.com/chapters_oklahoma

Re: Faced with ESA Lawsuit, CTA Defends Ban on M-rated Game ...

I stand corrected, I read the quote as saying "The ads not be for products that are legally obscene." My bad.

Re: Faced with ESA Lawsuit, CTA Defends Ban on M-rated Game ...

I always sit when I have to be corrected. It's easier on my feet.

Re: Faced with ESA Lawsuit, CTA Defends Ban on M-rated Game ...

fail JDKJ :(

 

Trevor Gray
ganjookie@yahoo.com

Trevor Gray
ganjookie@yahoo.com

Re: Faced with ESA Lawsuit, CTA Defends Ban on M-rated Game ...

Win some, lose some. Ain't gonna win 'em all.

Re: Faced with ESA Lawsuit, CTA Defends Ban on M-rated Game ...

Actually, we'd get a ruling that the restriction of the ads violated the First Amendment by unjustly singling out the ads solely on the basis of their content. At least, that's the hope of the ESA. It's not the legality of the ads which the ESA is defending, it's the illegality of the ordinace restricting the ads which they're opposing. 

Re: Faced with ESA Lawsuit, CTA Defends Ban on M-rated Game ...

"The CTA does not allow advertising for alcohol or tobacco products and this ordinance is consistent with that long-standing policy," she said...

Videogames are now alcohol and tobacco products? Hmmmmmmm........Consistent with that policy huh? I've been to Chicago several times. Nothing consistent about it. They still have adverts for alcohol in various places in the city.

"The guidelines, she said, require ads to be truthful and not directed at inciting imminent lawless action. The ads cannot be legally obscene, sexually explicit, depict nudity or portray graphic violence nor can they incite lawless illegal action."

So an image of three men, and a game logo counts as that? Hrmmm...no nudity...no violence....nothing sexually explicit....nothing obscene (unless you are Jack)...and nothing inciting lawless illegal action.... In short to CTA: F A I L

They were PAID to display adverts, they defaulted on their contract. Now they are facing the wrath of doing something they shouldn't have. They brought this on themselves.

Re: Faced with ESA Lawsuit, CTA Defends Ban on M-rated Game ...

Tobacco and alcohol? Are those our analogies now? Are those protected by 1rst A?
 
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Matthew Wilsonhttp://arstechnica.com/tech-policy/2015/03/13-year-old-minecraft-player-confesses-to-swatting-police-say/ not surprised.03/27/2015 - 3:51pm
Matthew WilsonI know most of my friends first saw robotech when it was on Toonami in the mid 90s, but it is possible that a fan who watched it in the 80s are in a position to do it.03/27/2015 - 1:04pm
Andrew EisenRobotech was mid 80s. Fans of the show (who were kids when it aired) are my age and older.03/27/2015 - 1:01pm
Matthew Wilsontiming. anime only really became widely known in the US in the mid 90s. if we assume it was mostly kids watching it, they still wouldnt be high enough in managment to be given full creative control yet. it would still be another 5 to 10 years for that.03/27/2015 - 12:59pm
Andrew EisenI agree. Now what makes you think that there is no one in power who cares about (or has the ability to) make a good adaptation?03/27/2015 - 12:47pm
Matthew Wilsonits not about pratice, it is about people who understand it getting in to positions of power.03/27/2015 - 12:34pm
Matthew Wilsonallot of the comic book characters that have been turned in to good movies started in the 70s or earlier.03/27/2015 - 12:32pm
Andrew EisenWell, if it really does take two generations of practice to get it right, we'll never get good live action adaptations of anime if no one starts making them.03/27/2015 - 12:31pm
Andrew EisenWhat have you seen that would make you say that?03/27/2015 - 12:30pm
Matthew WilsonIt took 2 genarations of comic book reader before we got good comic book movies. I imagine that will be the case for anime as well.03/27/2015 - 12:28pm
Matthew Wilson@AE yes if they have people that understand the content give it a shot, but as far as I can tell that does not look like it is happening in this case.03/27/2015 - 12:26pm
Andrew EisenI understand the skepticism but I don't think "this will never work" and "no one should even bother" are very healthy attitudes.03/27/2015 - 12:11pm
Andrew EisenWhy would you doubt that? A lot of writers are my age and older, the perfect age to be fans of the content. All I'm saying is it's not impossible to get a good Robotech movie. In fact, it's more likely today than any other time.03/27/2015 - 12:11pm
Matthew Wilson@AE the difference is in the case of marvel the writers and directors clearly understand the source content. I doubt many of any of them are that way with robotech, or any anime for that matter.03/27/2015 - 11:10am
MaskedPixelantehttp://www.playstationtrophies.org/news/news-15838-Sony-Cuts-the-Price-of-PlayStation-TV-Today.html Sony cuts the price of the Vita TV in the UK, still wont force developers to make their stuff compatible with it.03/27/2015 - 10:49am
Andrew EisenMechaCrash - It's true, there are a lot of examples of crap adaptations. But there are increasing numbers of great adaptations such as the Marvel movies. That said, it's certainly going to be an uphill battle at Sony, especially with Tom Rothman around.03/27/2015 - 10:45am
ZippyDSMleeOh live action crap...I dunno with hollywood being stuck in the 90s grimdarkblack mode I can not see how anything would work well other than SNK or Akira.. then again Akira is a bit of head trip...03/27/2015 - 10:11am
MechaCrashI meant Hollywood in general. If they did a Robotech movie, it'd just be a slightly tweaked Macross, because usually when people talk about Robotech, they just mean the first third. Nobody cares about the Masters/Southern Cross or Invid/MOSPAEDA stuff.03/27/2015 - 9:36am
ZippyDSMleeYes Macross is good..... robotech....not so much..... Now Pizza Cats that's the definitive TV dub, if not best dub ever I'd put it up there with COwboy Bebop just becuse the Pizza Cats dub is fun as heck and crazy,Medabots and Fighting Foodons are decent.03/27/2015 - 9:20am
InfophileAged well plot-wise, I mean. The animation is showing its age, but if you don't mind that, the plot holds up quite well03/27/2015 - 6:52am
 

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