November 2nd, 2010, will be a big day in American history. It’s the day we vote in the midterm elections that will likely see historic Republican gains in both houses of Congress. It’s also the day that the United States Supreme Court considers the case of Schwarzenegger v. Entertainment Merchants Association.
This case stems from a 2005 California law that prohibited the sale of “unsuitable” video games to minors. The Entertainment Software Rating Board has long helmed a voluntary industry endeavor to rate the appropriateness of video games — and it’s been an acknowledged success, with the Federal Communications Commission citing it as a model for other creative-content efforts to protect families and children. According to the FCC, “the video game industry … provides one of the most robust voluntary rating systems available.” That’s good news if you’re a believer in private and voluntary initiatives rather than government-mandated standards.
Unfortunately, that wasn’t enough for the Democrats and liberals who control Sacramento. Need it be said, they’re not believers in anything but what’s coerced and imposed by their own dictate. Thus 2005′s California Assembly Bill 1179 — authored by one Democratic State Senator Leland Yee, would-be petty scourge of Sarah Palin — which imposed a dramatic and draconian set of restrictions on video-game sales: restrictions so broad as to obviously violate the First Amendment. The implementation of the law was almost immediately blocked by a federal judge in December 2005. Not a full two years later, the U.S. District Court for the Northern District of California ruled the law un-Constitutional in August 2007. Exactly one year after that, in August 2008, the state of California was made to compensate the Entertainment Software Association $282,794 for the latter’s expenses in defending its industry against the flawed law. And six months after that, in February 2009, the Ninth U.S. Circuit Court of Appeals upheld the District Court’s finding that the law is un-Constitutional.
Think about that: the law as written was never enforced; overturned once; the state forced to compensate its intended victim; and then overturned again by the most liberal federal circuit in the nation. Even the ultra-liberal, statist New York Times editorial board is against it. Yet California will, in under 60 days, pursue it to the U.S. Supreme Court regardless. What good fortune the Golden State apparently has no larger problems to contend with.
Why is the state of California pursuing things to this absurd length? Partly it’s because of the Attorney General, one Edmund Gerald “Jerry” Brown, Jr., who has had no political disincentive to do otherwise since assuming office in January 2009. (Contrast, if you will, with his refusal to defend Proposition 8.) Moral panic makes for good electioneering, and Brown’s third quest for California’s highest office is surely aided in some way by this misguided “protection” of children.
The other reason we see this futile squandering of California’s diminishing fiscal resources is the sheer self-delusion of the liberal clique that constitutes its ruling class. State Senator Yee is as good an example as any: in speaking with the Los Angeles Times about his oft-thwarted video-game bill this past April, he admitted that though he himself does not play video games, “I have seen individuals using a baseball bat and bludgeoning a hooker to death” in them. “If you demonstrate to a child that you can do these things,” intones Yee, “it becomes part of their repertoire for dealing with anger.” Here’s the problem: there’s no evidence to substantiate that, and there’s even evidence to the contrary, with a study last month concluding that violent video games actually reduce stress and hence real-world violence. Yee may want to believe that video-game manufacturers are creating little Frankensteins, but the truth is that such “little Frankensteins” as exist had problems before and independent of their gaming habits.
Let us pause here for a moment to contemplate where, exactly, Democratic California State Senator Leland Yee would have seen a person “using a baseball bat and bludgeoning a hooker to death” in a video game. This is presumably a reference to Grand Theft Auto IV, a thoroughly execrable game in which the murder of prostitutes — and everyone else — is allowed and encouraged. This excited much comment in 2008. GTA4 is, as it happens, rated M under the ESRB system, which is basically the equivalent of an MPAA R-rated movie. Who really believes Leland Yee associates with GTA4 gamers? Who further believes he’s witnessed, or even credibly heard of, children who added GTA4 methods to “their repertoire[s] for dealing with anger”? The Yee household may suffer from moral anarchy demanding legislative intervention, but the overwhelming number of California homes and families do not.
What will the U.S. Supreme Court decide when it takes up this case on Election Day? There’s no telling, but proponents of basic liberties — including the rights of parents to parent without state prompting — may reasonably hope the Court will uphold every other federal judge who has had to address this bad law. As Jerry Brown has already admitted in his brief to the Supreme Court, upholding Yee’s law requires treating video games as the de facto equivalent of pornography. That’s so ridiculous, and so unsupportable by any evidence, as to transport any sustainment of the law to the edge of fantasy. But that doesn’t mean it won’t happen. On November 2nd, 2010, one battle for liberty will end with the conclusion of the midterm elections — and another will begin in the highest court of the land.
Neil Stevens
Erick Erickson
Jeff Emanuel
Steve Maley
Caleb Howe
Oh, Knock it off Joshua
mobamablues (Diary) Friday, September 10th at 6:46AM EDT (link)Most parents of teenagers don’t even KNOW how to operate these games and certainly cannot jump into the “levels” where the purported “entertainment” can get more intense.
I happened into my sons playing a video game at their friend’s house. I was stunned to see that my teens were being “entertained” by the graphic image of a U.S. MARINE BEING BEHEADED BY HIS JAPANESE CAPTORS!!!
I grabbed both of them by their arm and literally yanked them out of there and told the parent of their friend who had bought the game. THEY HAD NO IDEA SUCH IMAGES WERE BEING DISPLAYED TO THEIR KID. Turned out, he had swapped the game for one his parents had bought and the ratings were nowhere on the box.
If you’re shucking for this industry, you should be as ashamed of yourself as the pornographers who peddle Gangst Rap to impressionable kids. In Rap, they learn that women should be called “Ho’s” and “B—es”. In video gaming, they learn to kill without any remorse.
I can GUARANTEE YOU THIS: The guys who manufacture this PORNOGRAPHY don’t let THEIR KIDS anywhere NEAR IT!!!
Its all about the Benjamins, baby; nothing else.
Good ol' CoD:W@W...
juumanistra (Diary) Friday, September 10th at 9:52AM EDT (link)That’s quite the trick you managed to pull off: There’s about a five second window during that cutscene in which you could have managed to grab your kids and yanked them out of the room without seeing the cutscene’s climax, with the arrival of Carlson’s Raiders to save the player from a rather gruesome end.
But yes, CoD5 is dark, brutal, and visceral: That was the motif was a conscious choice of Treyarch, the developers. True, CoD5 probably shouldn’t be played by “kids”, but that’s why it’s rated M by the ERSB. Which is clearly noted on the standard packaging. (See here: http://ecx.images-amazon.com/images/I/51fOSHVdHoL._AA300_.jpg). How, exactly, your kids managed to get it into packaging that lacked such a prominent display of the rating is beyond me, except that it invariably had to do with things neither Activision or the retailer could have hoped to have accounted for.
Though if you want to talk about video games being no different than pornography, go Google eroge. I’ll wait for you to return and join the chorus that we, obviously, didn’t nuke Japan enough.
That's interesting.
Joshua Trevino (Diary) Friday, September 10th at 1:15PM EDT (link)Apparently you want a government-imposed “solution” for teenage-boy shenanigans.
Did the number of conservatives here drop while I was away?
We are but warriors for the working-day.
Then continue to do your job
jannicc30 (Diary) Friday, September 10th at 3:19PM EDT (link)Seems to be that it is our jobs as parents to monitor our children’s activities. That includes video games, internet, cell phone usage, and the like. If you prefer not to be hassled, then do not allow your children access to such devices.
Of course, the problem with a total in-house ban is that when they turn 18 and go off to college or go out into the real world, they may not have the ability to discern right from wrong or good from bad.
Parenting now is a lot harder than it used to be. It requires a working knowledge of all sorts of technology. It’s part of the job.
It's all about parenting
apen Monday, September 13th at 7:12AM EDT (link)Kids will feed their appetite for stimulating experiences so if left alone to do as they wish they will find things to do that will not be of any value at all. That is why successful parenting can not be accomplished by slackers, half wits or deviants. That is if we define successful parenting as the production of morally straight, virtuous junior adults whose ambitions are centered on problem solving and personal growth. No law can produce that child however laws that destroy the ability of the parent to fully control what is entered into the child’s mind as “normal” has proven to churn out enough of those Frankensteins to elect their own image to government power. In the near future the next generations of progressively worse products will be hitting the hallowed halls of congress, courts and the now completely unguarded office of the president. Ahhhh, the president and now I have proven my point , it’s all about the parenting.
Free Lakin, reward honesty
Parenting and video games
daune Monday, September 13th at 4:37PM EDT (link)I think here you should clarify that you are speaking for yourself. At age 63 I’m quite capable of playing these games and I’m very aware of those that are unsuitable for certain ages. If you, or your friend’s children found this game without the rating on the package, you need to sit down with your children and discuss the concept of theft as it relates to intellectual property rights.
I’m sure you are a good parent, but I think I would also suggest that grabbing them by their arms and “yanking” them out of there – then criticizing the game for violence probably gave a mixed message to your children.
As far as rap music, violent video games, and frankly a lot of media today (including books) – I don’t think your children would actually be “taught” to behave badly if you used those things to teach them how to be their own person, and to help them develop a sense of judgement about what they listen to, play, and read.
Banning games is right up there with burning books, or censoring any idea that you disagree with – it’s not the American way.
I'm with you, Joshua
KathW (Diary) Friday, September 10th at 7:22AM EDT (link)Do you have to be a parent who games to understand this? The range of games that rate an M is incredibly diverse. GTA gets all the headlines because it’s extreme, and people who don’t game seem to judge all M rated games by this one example. However, the entertainment of some M games, like God of War, Fable, Mass Effect (to name some of our recent faves) is perfectly appropriate for teens whose parents engage with them. Bad parenting will out no matter what kind of entertainment is available; don’t blame the games for it. This is just to argue the bill on its merits. Your points about the use of CA’s money and the restriction of the First Amendment inherent in this bill should have killed it long ago.
You Must Be a Teacher or Government Employee
mobamablues (Diary) Friday, September 10th at 7:59AM EDT (link)Those of us who actually WORK for a living don’t have the time to “engage” with our children over video games. It’s usually over homework or real play, like Little League, soccer or football.
Congrats that you have the time for the videogame nonsense. Unfortunately, others of us have to work to pay your pension and benefits.
It all makes sense now!
juumanistra (Diary) Friday, September 10th at 10:11AM EDT (link)Because there is a cosmic order of parental bonding propriety, whereby a father and son’s time spent playing catch is inherently better and more treasured than the same amount of time spent working through, say, a Halo co-op. Of course! Makes perfect sense to me. As everybody knows it’s the ball that builds bonds, not spending time together and sharing experiences.
You have an axe to grind against gaming. Fair enough: There’re certainly seedier elements within the subculture that’re worthy of ire. But it’s a bridge too far to assume that everyone who’s touched a video game is an oafish slacker. It certainly hasn’t been the case in my experience, at any rate.
I'm with you juumanistra. I'm a gamer.
deano64 (Diary) Friday, September 10th at 11:39AM EDT (link)Always have been and always will be. Gaming is something you can enjoy with your kids just like anything else.
Oh by the way mobamablues I work 2 jobs and I still find time for gaming. To each his own.
Precinct Committeeman before it was cool.
“The American Republic will endure until the day Congress discovers that it can bribe the public with the public’s money.”
Alexis De Tocqueville
so you don't like video games? ok
kyle8 (Diary) Friday, September 10th at 7:58PM EDT (link)don’t buy them for your kids.
I spent a lot of time with video games with my nephew, and now that he is an adult he doesn’t mind spending more quality time with his old uncle.
As for violent content, sure there are appropriate ages, but I saw a lot of violent movies, some of them quite graphic, even when I was a pre-teen.
But like most people who watch movies or play games, I could tell the difference between what was real and what was not.
“Nothing works like freedom, Nothing succeeds like liberty”
Kyle
No time for parenting?
daune Monday, September 13th at 4:47PM EDT (link)The fact that you label video games as nonsense says a lot I think.
You don’t have to be a serious gamer to understand the rating system, or to have an idea what your child is doing on the computer.
Your comments about having to work to pay for pensions and benefits is a bit snarky – many people who play video games (probably most) work also. And if they are retired and getting pensions – keep in mind that they worked and paid for those pensions.
In the end, if the games bother you, rather than taking them away from everyone, sit down with your children and discuss why the games bother you and tell them not to play them. If they won’t listen to you, you have more problems than a few video games. That’s actually part of parenting – or is part of what I consider parenting.
Pornography Is LEGAL In California...
Ausonius (Diary) Friday, September 10th at 8:28AM EDT (link)…and as far as I have heard, California has a multi-billion dollar pornography “industry.”
Which the politicians are happy to tax, of course!
Morons are a usually a constant percentage of any population, but as Frank Lloyd Wright once said, the country seems to be tilted on its back, and every loose nut in the nation has tumbled into California.
Beyond satire!
Ausonius: 310-395 A.D. Teacher, Poet, Consul, General, Farmer.
Personal Tutor to the future St. Paulinus of Nola and to young Gratian, heir to the throne during the turbulent final years of the Western Roman Empire. When his former student Gratian was assassinated, Ausonius threw up his hands and retired to his farm in Gaul. Rome was captured by barbarians 14 years after his death.
Cato@rock.com
AND…Know Your Czars…Before They Hit BIG BRObama’s Unemployment Line in November: http://www.czarcards.us/
Pornography Is LEGAL In California...
Ausonius (Diary) Friday, September 10th at 8:28AM EDT (link)…and as far as I have heard, California has a multi-billion dollar pornography “industry.”
Which the politicians are happy to tax, of course!
Morons are a usually a constant percentage of any population, but as Frank Lloyd Wright once said, the country seems to be tilted on its back, and every loose nut in the nation has tumbled into California.
Beyond satire!
Ausonius: 310-395 A.D. Teacher, Poet, Consul, General, Farmer.
Personal Tutor to the future St. Paulinus of Nola and to young Gratian, heir to the throne during the turbulent final years of the Western Roman Empire. When his former student Gratian was assassinated, Ausonius threw up his hands and retired to his farm in Gaul. Rome was captured by barbarians 14 years after his death.
Cato@rock.com
AND…Know Your Czars…Before They Hit BIG BRObama’s Unemployment Line in November: http://www.czarcards.us/
The other way to fight nanny-state-ism is...
toothpick (Diary) Friday, September 10th at 9:47AM EDT (link)…to stop electing ninnies to run the state.
http://www.megwhitman.com/ (Governor)
http://stevecooley.com/ (Attorney General)
http://www.damondunn.com/ (Secretary of State)
And, at a more local level – turn the state senate & assembly map red!
http://www.chandler2010.com/ (State Assembly, district 24 – Silicon Valley)
Or...
stephaniet Monday, September 13th at 8:58AM EDT (link)…stop electing NANNIES.
“*They* say the best weapon is one you never have to fire. I respectfully disagree. I *prefer* the weapon you only have to fire *once*. That’s how Dad did it; that’s how America does it… and it’s worked out pretty well so far.”
On a practical level...
Libertarian Republican Friday, September 10th at 12:34PM EDT (link)the law is unenforceable anyway. If a 12 year old has the wherewithal to come up with $60 for Grand theft Auto, he most certainly will find someone over 18 to buy it for him. As a gamer myself I can understand parents concerns over this issue. Some games offend me, but as a believer in liberty I believe everyone has the right to make that decision for themselves.
Milton Friedman needs a rebirth and soon…
By the way to all the those in CA who may hesitate to vote for Prop 19 the same thing applies. Marijuana is not leaving our society. Would you rather the money continue to fund the cartels and criminals or legalization that would minimize the harm caused?
I for one will be voting YES on 13. That is my ethics and conscience. Liberty must be expanded EVERYWHERE to defeat this Marxist monster we’re facing.
If you disagree , fine. But please do not follow up my comments with accusations of liberalism. I am a Republican (Capital R) and a libertarian (Lowercase L) and I believe in the freedom for all of us to choose.
I am favor of cutting taxes under any circumstances and for any excuse, for any reason, whenever it’s possible.
- Milton Friedman
I have to agree
ywhyvon1 Friday, September 10th at 7:19PM EDT (link)The war on drugs is even more out of control than the war on terror.
Regulate drugs Stomp out terror
Socialist with fork looking for Socialist with pork pie-unknown
GTA is bad...
belcatar (Diary) Friday, September 10th at 12:50PM EDT (link)So it’s lucky that Leland Yee guy didn’t see Postal 2. (Probably the most offensive video game ever…and one of the most fun.)
Isn't it interesting how the Left can turn something such as a video game
davesinsanantonio (Diary) Monday, September 13th at 7:49AM EDT (link)into a Cause? But, they can ignore reality, which is sometimes worse. Or, they can hate, rail against, and try to outlaw one game or producer, and not another that may be worse. Do they ever campaign against “whack a mole” which teaches cruelty to animals? Or Frogger, which teaches suicidal games of dare to children? Or, even Space Invaders, which fosters xenophobia and racism against alien species? What idiots!
But, maybe this post will open their eyes and they will widen their crusade to include these and other equally bad games. I mean, doesn’t even Pong encourage us to hit things? Isn’t that teaching violence to our children? The only recourse is to take our children out of our incompetent grasp and put them into the loving care of the state which really knows what is best for us.
They will come for the adults later.
Censorship is not conservative.
tacoslayer (Diary) Friday, September 10th at 6:00PM EDT (link)Ever.
Can't agree (nt)
Neil Stevens (Diary) Friday, September 10th at 9:24PM EDT (link)RS contributing editor and “a hardy variety of crabgrass.”
Read the RedState Posting Rules
Unlikely Voter: Poll Analysis, Election Projection.
“I rejoice that America has resisted.” – William Pitt, the Elder
funny, all this anti violence charade from a state
kyle8 (Diary) Friday, September 10th at 7:55PM EDT (link)who elected as their governor a man who killed an average of about 30 people in each of his movies.
“Nothing works like freedom, Nothing succeeds like liberty”
Kyle
Not to infuriate any "gamers"
Warrior (Diary) Friday, September 10th at 11:10PM EDT (link)but pornography is not covered by the First Amendment. That’s a leftist fable from way back. The 1st Amendment was designed to ensure the freedom of POLITICAL speech, not obscenity. Sorry, but the Founding Fathers didn’t pledge, risk and many times lose their names, their fortunes and their sacred honor because they weren’t getting enough porn in the Old Country. They were fighting for the right to criticize the king (gubmint) without being thrown in a dungeon somewhere or worse. If you are really worried about “censorship,” you’re righteous anger should be turned toward “campaign finance reform” and other such speech-limiting and 1st Amendment-violating nonesense.
As far as pot, well, it’s criminalization is a moral hazard now. Its use has become commonly accepted and has thereby made de facto criminals out of a vast number of Americans citizens. The money and power associated with it can only work to ensure and entrench corruption in our land. The analogy to Prohibition is quite strong.
OTOH, driving while high is dangerous, not so much as when drunk, but you know you are impaired when you are high — heck, that’s why you smoke the stuff. (Speaking from PAST experience.) At any rate, it is used more easily than liquor to make children pliable and suggestive, so legalization would be a boon to predators.
Finally, as a professional drug counselor, I am loathe to endorse legalization of an addictive substance. (BTW, unless you want a LONG fight, don’t tell me it’s not addictive — you’re just kidding yourself.) Unfortunately, it’s sale, purchase and use have and are making a mockery of our laws.
Nationally, we need to fish or cut bait, i.e. draconian enforcement of existing pot law or de-criminalization. Since we, as a society, have a weak stomach even for punishing murderers, the only real solution will be the latter. So, with great regret and while holding my nose, I think its use should be de-criminalized. But no use in public, please.
“Racial criteria are irrational, irrelevant, [and] odious to our way of life.” — Thurgood Marshall for the NAACP Legal Defense Fund in the 1950 Supreme Court case of McLaurin v. Oklahoma
Apparently I don't play the same games that you're talking about.
stephaniet Monday, September 13th at 9:03AM EDT (link)Because mine, while involving some blood and usually very tasteful sex scenes, look like saints when compared to some of the others.
I must agree with the finding that gaming eases stress. I suffer from anxiety issues, and those games give me an environment that I control. There’s always a portion of my mind that actively remembers it’s all fiction and pixels, but it allows me to escape into a place where I can save the world and be a hero, and where bad guys get their butts duly kicked. And once I’m finished, it’s back to the real world for me, which I can then handle because I got my stress under control.
It’s all about two words: PERSONAL RESPONSIBILITY. You know how the lottery admonishes people to “Please play responsibly”? Well, it’s the same way with video games. Those who cannot be responsible about it should not play.
“*They* say the best weapon is one you never have to fire. I respectfully disagree. I *prefer* the weapon you only have to fire *once*. That’s how Dad did it; that’s how America does it… and it’s worked out pretty well so far.”
Agree Steph
Warrior (Diary) Tuesday, September 14th at 7:13AM EDT (link)I was talking about real porn, on games or otherwise.
I don’t play games, but I don’t see anything wrong with those you describe.
Sounds like fun!!
“Racial criteria are irrational, irrelevant, [and] odious to our way of life.” — Thurgood Marshall for the NAACP Legal Defense Fund in the 1950 Supreme Court case of McLaurin v. Oklahoma
My son and I
timchgo9 (Diary) Monday, September 13th at 10:19AM EDT (link)bonded over several hundred rounds of Battlefield 2, He’s 17 now, and he is about as normal a teenager as there is around here. This was also a time, when it was just him and I, and I was doing the single dad thing for a few years. His older siblings were living with their mother then. we played because it was fun, we spend time together, had competitions to see who could earn a badge, ribbon, or unlock before the other. We talked about school, girls, life, history, and a myriad other subjects. He has grown, he is 17 now, he works hard, bought his own car, cell phone, and is buying his own computer “in a couple of paychecks”. That said, games like GTA, Resident Evil, and others did not see the light of day in my house. I have issues with random, bloody violence that is tinged with evil, it just bugs me. Fortunately for me, my youngest kids, while they like the video games, don’t play that often. My 8 year old daughter likes to write, play Webkinz, and draw, make crafts, or collect bugs. My 9 year old would rather draw on Sketch-Up, write stories, or design fire engines, tanks, airplanes or fire stations. Both prefer playing outside with friend than spending all day in the house playing games.
Video games, are fun, I love them, always have, I got hooked when we got an Atari back in 1979, but they are also a time waster. I can guarantee you, ANY kid who would rather play games than interact socially with other kids, already has problems. “Little Frankensteins” have been around since time immemorial, video games don’t make them that way.
“Chairman of the Awkward Squad”