Posted on 04/04/2006 9:37:02 AM PDT by Fractal Trader
Judge George Caram Steeh, United States District Judge for the United States District Court for the Eastern District of Michigan, has handed down a permanent injunction halting the implementation of the new Michigan state law that would restrict video game sales to minors. This marks the sixth court in three years to rule video game sales as being unconstitutional.
In his decision, the judge dismissed the state's claim that the interactive nature of video games makes them less entitled to First Amendment protection. "The interactive, or functional aspect, in video games can be said to enhance the expressive elements even more than other media by drawing the player closer to the characters and becoming more involved in the plot of the game than by simply watching a movie or television show," Judge Steeh wrote. "It would be impossible to separate the functional aspects of a video game from the expressive, inasmuch as they are so closely intertwined and dependent on each other in creating the virtual experience."
"Judge Steeh's ruling represents a sweeping rejection of the state's claims regarding the harmful effects of violent video games and we will move immediately for reimbursement of the substantial legal fees incurred in this court fight which the state could have, and should have, never triggered," said Douglas Lowenstein, President of the ESA, the trade group representing U.S. computer and video game publishers. "It is noteworthy that Judge Steeh specifically chastised the state for not doing what we urged them to do from the start, which is to find less restrictive ways to help ensure that parents make sound choices about the games their kids play. With this wasteful litigation behind us, we hope the state will now do just that and we remain ready to work cooperatively with them."
In addition, and echoing the sentiments of researchers at the recent subcommittee hearing entitled “What’s in a Game? State Regulation of Violent Video Games and the First Amendment” regarding the difficulties in associating video game violence and real world aggression, the court said, "Dr. [Craig] Anderson's studies have not provided any evidence that the relationship between violent video games and aggressive behavior exists." It added that the evidence introduced alleging that new brain mapping studies show a link between violent games and aggressive thought is equally unpersuasive. "The research not only fails to provide concrete evidence that there is a connection between violent media and aggressive behavior, it also fails to distinguish between video games and other forms of media," the Judge wrote.
Addressing the state's claims that video games are more harmful than TV because the player controls the action, the court said there is no evidence to support such a claim, adding that "it could just as easily be said that the interactive element in video games acts as an outlet for minors to vent their violent or aggressive behavior, thereby diminishing the chance they would actually perform such acts in reality....Not only does the Act not materially advance the state's stated interest, but it appears to discriminate against a disfavored 'newcomer' in the world of entertainment media. Thus, 'singling out' the videogame industry does not advance the state's alleged goal," the Judge concluded.
It's quite frightening how many parents don't really know anything about what their kids are doing on the computer. I said earlier that parents who need to monitor their kids are complete failures as parents, but that also doesn't mean you shouldn't be checking in once in a while, too. Personally, I hope to play games with my kid as he grows up, although he might not have much time for that in between becoming the next Joe Namath and curing cancer :).
I hate nanny government as much as the next guy, but there are far too many crappy parents nowadays. I would be in full support of classes or something funded by the government, and free to the public.
Well there are. Well, they get grants, they aren't usually government ran. Courts usually require them for parents in danger of losing parental rights over their kids. But that only helps the destitute. Normal parents aren't going to go to a parenting class. That would be degrading in their eyes. "No one needs to tell me how to raise my own kids.. I'm their best friend."
I'm mad at HALO2 for not coming out with a PC version.
I got Quake4 as an alternative and am happily getting my butt kicked daily.
I have actually never played HALO, but I thought it would be funny to write that.
Play a real mans game, like Counter Strike, or BF2, or COD2.... :-P
That's another thing that parents are letting their kids run free on, XBox Live. It has full voice communication.
Take that chart of yours, draw in the passage of CCW laws in various and sundry states, and it'll make more sense :)
Anyway your point is also valid. The everything-grabbers don't give a rat's 6 about actual problems, although they appreciate them for the opportunity they provide to implement bogus solutions.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.