Kids and violent video games are a hot topic for politicians in many countries but in the US attempts to ban the sale of such games to young people just got a whole lot harder. The US Supreme Court ruled Monday that a Californian law designed to prohibit the sale of violent video games is a breach of the right to freedom of speech — the First Amendment of the US Constitution. Interestingly it was the conservatives on the court who led the charge in striking down the law.
Brown versus Entertainment Merchants Association looked at a 2005 law that imposed fines for sales of games to minors and that required labelling on games deemed to be violent. The law defined “violent video games” as being those that depict human beings or beings possessing substantially human characteristics being killed, maimed, dismembered or s-xually assaulted. The law said that violent video games lead to an increased likelihood of “violent antisocial or aggressive behavior” and “psychological harm” in minors.
Justice Antonin Scalia, the leading conservative on the court, wrote the lead judgment striking down the law. Scalia observed that children’s and teenage literature is full of examples of violence and is not banned. Snow White’s story is as bloody as any violent video game, argues Scalia:
California’s argument would fare better if there were a long-standing tradition in this country of specially restricting children’s access to depictions of violence, but there is none. Certainly the books we give children to read — or read to them when they are younger — contain no shortage of gore. Grimm’s Fairy Tales, for example, are grim indeed. As her just deserts for trying to poison Snow White, the wicked queen is made to dance in red hot slippers ’till she fell dead on the floor, a sad example of envy and jealousy.
Scalia also scuttled the argument that there is a link between violent video games and antisocial behaviour by teenagers and children. Studies and evidence presented in the case shows “at best some correlation between exposure to violent entertainment and minuscule real world effects, such as children’s feeling more aggressive or making louder noises in the few minutes after playing a violent game than after playing a non-violent game,” Scalia wrote.
The Supreme Court’s decision could prove very useful to those in Australia who are fighting attempts by the Gillard government and state and territory Attorneys-General to impose a similar ban in Australia by introducing a rating of 18+ for video games. Home Affairs Minister Brendan O’Connor and his state colleagues believe that violent video games are harmful to children and to teenagers, and this is one of their major rhetorical thrusts in selling the idea of a ban.
The US Supreme Court majority decision in Brown versus Entertainment Merchants Association is a powerful and well-researched contribution to the debate on censorship and how far the state should go in curtailing freedom of speech. The pity from an Australian perspective, however, is that challenges to an Australian ban on violent video game sales to minors will be more likely to succeed because we don’t protect generally freedom of speech in our Constitution.
The test should be can the person purchasing or seeing the DVD/game/whatever tell the difference btween reality and make believe.
Most of the blokes selling them cant tell the difference. It is not about freedom of speech, it is about rights and responsibilities.
Youve already got anti immunisation bile killing kids in Australia because of free speech. youve got goverment sanctioned punishment of refugees and abuse of natives and we had years of abuse of unmarried mothers children because of free speech.
In our countries short history we have overturned “legislation” so what used to be against the law is now not against the law.
It is still nice to know that some things are not only utterly abhorent but remain illegal for eveyone, not just the persecuted and overprotected minorities in a democracy
The Scalia-led US Supreme Court came to the decision as part of its agenda to let business do whatever it likes (qv Citizens United decision) – it has nothing to do with new research.
I am in favour of an R18 category for video games, but we should retain age classifications for games for the same reason we have them on films – some things are simply not suitable for children.
The campaign for ar R18+ category isn’t a campaign for banning games in Australia — it’s actually a campaign for a more permissive classification system. Right now, the highest classification we have for video games is MA15+. Games (like the original version of Fallout 3, Left 4 Dead 2, and Mortal Kombat) that would normally be rated R18+ aren’t down-rated and sold to kids (except in the case of Fallout 3, which was eventually censored and sold with a MA15+ rating, where it’s 18+ most other places); they’re classified Refused Classification, and ineligible to be sold to anyone in Australia.
An R18+ rating would still restrict sale of those games to kids, but at least adults would have (legal) access to them.
i dont know whether the violent video games make kids violent,but they sure do alter the kids body clocks and eating habits … i know of quite a few who sit up till 4am drinking cocacola/ hi caffeine drinks playing video games then sleep all day only to be too lethargic to cook a decent meal.they then order pizza and its time to better that high score on GTA and so the cycle begins again
Of course only Greg Barnes who believes that a person has a right to view CHILD pornography in the privacy of their own bedroom, could write about such a subject and come up with his sleazy opinion that:
” it’s a pity from an Australian perspective , that challenges to a ban here in Australia on violent video game sales, will most likely succeed”.
One would have to ask Greg Barnes if he is sufficiently of sound of mind to infect others with his opinions.
It is vital for our Govt to ban sales of “violent video games” as being those that depict human beings or beings possessing substantially human characteristics being killed, maimed, dismembered or s-xually assaulted.
Anyone including Greg Barnes who thinks otherwise have a desperate need for some”values” education.