Game Developer Argues for Free Speech in Post Editorial

November 1, 2010 -

Game developer Daniel Greenberg (pictured) has authored a Washington Post opinion piece in which he argues that the Supreme Court should rule that videogames are free speech when it eventually rules on Schwarzenegger vs. EMA.

As a game developer, Greenberg called himself “disheartened and a little perplexed” at seeing games compared to cigarettes and alcohol by California State Senator Leland Yee, and he wondered “how government bureaucrats are supposed to divine the artistic value that a video game has for a 17-year-old.”

In describing newer games such as BioShock, Fable 2 and Fallout 3, Greenberg wrote:

In games such as these, game play becomes a powerful meditation on the nature of violence and the context in which it occurs. Some of the most thought-provoking game design is currently in Mature-rated games (similar to R-rated movies). This is because, in order to have a truly meaningful moral choice, the player must be allowed to make an immoral choice and live with the consequences.

And these are just single player gaming examples says the author, who added that the “expressive potential of video games jumps exponentially when players take interactivity online.”

Only parents or guardians should be allowed to govern a minor’s free speech said Greenberg, “And maybe his grandparents and aunts and uncles. But not Sen. Yee and Gov. Schwarzenegger.”

If California did manage to win the Supreme Court case, Greenberg painted a doom and gloom scenario of what might be in store for the videogame industry:

If California's law is upheld, it is likely that far more onerous measures will appear all over the country. Some stores may stop carrying Mature-rated games. Game publishers might be afraid to finance them. Developers would not know how to avoid triggering censorship because even the creators of such laws don't seem to know. The lawmakers won't tell us their criteria, and their lawyers have refused to reveal which existing games would be covered, even when asked in court.



Thanks to Daniel for pointing us towards his piece (and BearDogg-X too!)


Comments

Re: Game Developer Argues for Free Speech in Post Editorial

Some countires are more lenient with adult rated products being sold in stores. In the US its a MAJOR taboo because its seen as porn and porn is seen as vile here and not family friendly which most stores try to be. In Europe they are ok with adult rated products being sold in stores, an 18 age rating is seen as an adult rating and not a taboo rating and they are ok with that.

Re: Game Developer Argues for Free Speech in Post Editorial

I wouldn't say that considering 18 ratings are very often backed by law, Australia doesn't even have an 18 rating for games, and many other countries are continually banning games for content.

 

Andrew Eisen

Re: Game Developer Argues for Free Speech in Post Editorial

I know but the stores and console makers still allow people to get the games. Plus game stores in Australia want an R18 rating and I'm sure that console makers will support it because stores will allow it.

Re: Game Developer Argues for Free Speech in Post Editorial

Wait a minute, are you talking about adult products as in products meant for adults or sexual content specifically?  If it's the former, I don't agree with you at all for reasons stated in my previous post.

 

Andrew Eisen

Re: Game Developer Argues for Free Speech in Post Editorial

Adult rated products not porn. Such as BBFC 18 movies and PEGI 18 games. But in the US ANY MEDIUM with an 18 and up rating is treated as porn and banned from sale due to companies wanting to protect their image.

Re: Game Developer Argues for Free Speech in Post Editorial

Ah, you're talking about the AO rating.  Okay, I see what you're saying.

Sorry, I usually equate the M rating with other country's 18 ratings.  To me, AO is closer to a classification refusal.

 

Andrew Eisen

Re: Game Developer Argues for Free Speech in Post Editorial

I know I'm talking about how every other country is ok with 18 and up rating but its a social taboo in the US. Talking more about what this law will do. Since our country has such a hatred of 18 and up mediums then stores would mostly not stock them at all.

Re: Game Developer Argues for Free Speech in Post Editorial

US stores (with the rare exception) already don't stock AO games or NC17 movies so I don't think it's the specific age number but the stigma each rating has attached to it.  I say this because we have seen over and over that it's not the content that retailers (and console manufacturers from the game licensing side) object to, it's the rating.

Also, I don't think this country has a hatred of "18 and up mediums" but it is comparatively uptight when it comes to sexual content which is why you see Walmart, Nintendo and the rest shying away from making products with such ratings available, because they think Americans will look at such ratings, think porn, and raise a stink.

 

Andrew Eisen

Re: Game Developer Argues for Free Speech in Post Editorial

Sad part is the movie industry has a loophole with releasing a movie as unrated.

Re: Game Developer Argues for Free Speech in Post Editorial

It took them about 40 years or so to do that. :P We might get our games unrated some day.

Re: Game Developer Argues for Free Speech in Post Editorial

You say that as if it's something to aspire to.  Instead we should aim to accurately rate games and just not discriminate against them based purely on that rating.  If I want to play an AO game on my PS3 why shouldn't I be allowed to?

If we got rid of the stigma we would gain more range in the ratings system.  There are games that get an M but which I feel should probably have an AO, except they'd never get published if they did and rating it lower is likely the lesser evil.

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Chris Kimberley

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Chris Kimberley

Re: Game Developer Argues for Free Speech in Post Editorial

This would also affect Europe since game developers would most likely make ONE censored game and not a censred US version and an uncensored European version. Canada will also end up getting what ever the US gets in terms of content.

Re: Game Developer Argues for Free Speech in Post Editorial

I´m waiting here in Mexico someone tries to make the same if the California´s law passes and other states on US passes it as well. If that happens in my country, there is no one who would actually care to do something against it, and basically, any desicion taken by our government is final. There is not appealling or anything.

------------------------------------------------------------ My DeviantArt Page (aka DeviantCensorship): http://www.darkknightstrikes.deviantart.com

Re: Game Developer Argues for Free Speech in Post Editorial

Not to mention If the supreme court allows this, gamers May get killed by the govt in a similar holocaust like situation

Watching JT on GP is just like watching an episode of Jerry springer only as funny as the fights

America has just became its own version of the Jerry Springer Show after a bizarre moment in Florida involving a carnival worker.

Re: Game Developer Argues for Free Speech in Post Editorial

Huh?

 

Andrew Eisen

Re: Game Developer Argues for Free Speech in Post Editorial

I think that was an attempt at satire.

Re: Game Developer Argues for Free Speech in Post Editorial

No, it may happen if games ar not free speech and thier supporters are declared by the court violent and peverse

Watching JT on GP is just like watching an episode of Jerry springer only as funny as the fights

America has just became its own version of the Jerry Springer Show after a bizarre moment in Florida involving a carnival worker.

Re: Game Developer Argues for Free Speech in Post Editorial

Sorry, I'm just not seeing this law leading to the government rounding us up into camps and putting us to death.

 

Andrew Eisen

Re: Game Developer Argues for Free Speech in Post Editorial

Besides We hit 100,000 signers of the petition today

Watching JT on GP is just like watching an episode of Jerry springer only as funny as the fights

America has just became its own version of the Jerry Springer Show after a bizarre moment in Florida involving a carnival worker.

Re: Game Developer Argues for Free Speech in Post Editorial

Which has what to do with this?

 

Andrew Eisen

 
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james_fudgebody paint?09/17/2014 - 5:33pm
E. Zachary Knightquiknkold, I stand corrected on the buttcrack thing. Still, I know of no fabric that actually does that.09/17/2014 - 5:05pm
Andrew EisenSo... it's unethical to discuss the ethics surrounding public interest vs. personal privacy?09/17/2014 - 4:45pm
prh99The source for the game was just released not long ago, it's at https://github.com/keendreams/keen09/17/2014 - 4:43pm
prh99An Indiegogo champagin bought the rights to the early 90's game Keen Dreams to make it open source and release it on GOG etc. https://www.indiegogo.com/projects/let-s-get-keen-dreams-re-released-legally09/17/2014 - 4:42pm
james_fudgeAlso http://www.breitbart.com/Breitbart-London/2014/09/17/Exposed-the-secret-mailing-list-of-the-gaming-journalism-elite09/17/2014 - 4:29pm
Andrew EisenI read the Kotaku story. Nowhere does it say anything close to "Gamers are white bigoted sexist losers." It's commenting specifically on the crap being slung at people discussing gender issues in games. So, what's the problem?09/17/2014 - 4:06pm
Andrew EisenYeah, I can imagine Spiderwoman posed like in your second link.09/17/2014 - 4:00pm
Andrew EisenThat's not the same pose. Spiderman (who is wearing an actual outfit rather than body paint) is crouched low to the ground. Kinda like a spider! Spiderwoman has her butt up in the air like she's waiting to be mounted.09/17/2014 - 3:59pm
quiknkoldAndrew Eisen : Kotaku did a whiole article on it, as did others http://kotaku.com/we-might-be-witnessing-the-death-of-an-identity-162820307909/17/2014 - 3:59pm
CMinerQuiknkold: Do you think that there are no cases where a piece of art (painting, movie, videogame, comic cover, etc) is unambiguously sexist?09/17/2014 - 3:58pm
quiknkoldand can you imagine if Spiderwoman was posed like this? http://goodcomics.comicbookresources.com/wp-content/uploads/2013/02/spider-man1.jpg09/17/2014 - 3:58pm
Andrew EisenWhat games outlet is writing articles saying "Gamers are white bigoted sexist losers"? What examples have you seen of journalists being paid off for favorable reviews? Who's shaming what now? What's the problem with critiquing the Spiderwoman cover?09/17/2014 - 3:57pm
james_fudgeWell there's def "politics" involved in this issue. The movement was hamstrung by bad behavior and illegal activites here. We would have covered it more if not for those unforutnate happenings.09/17/2014 - 3:56pm
quiknkoldhttp://i.imgur.com/v3p8Bwf.jpg Here you go EZacharyKnight. Spidermans Buttcrack.09/17/2014 - 3:56pm
quiknkoldwhile another person doesnt see it09/17/2014 - 3:56pm
quiknkoldJames_fudge : I feel like the people challenging Games are the same people who Challenge Art because Michaelangelo's David shows Wang. The problem is, alot of things with Games are left to the eye of the beholder. One Person see's Sexist Antiwomen views.09/17/2014 - 3:55pm
E. Zachary Knightquiknkold, I don't recall Spider-man's costume conforming to the contour of his buttcrack.09/17/2014 - 3:54pm
quiknkoldIts the same Agenda Fueled Journalism youd find on Fox News or MSNBC. I appreciate Gamepolitics for just stating the facts.09/17/2014 - 3:54pm
james_fudgeQuiknold: you're entitled to your opinion on creatives being left alone. Others are entitled to their opinions that they should be challenged.09/17/2014 - 3:53pm
 

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