A Victory for the First Amendment and Gamers

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A Victory for the First Amendment and Gamers

“Video games qualify for First Amendment protection. Like protected books, plays and movies, they communicate ideas through familiar literary devices and features distinctive to the medium. And ‘the basic principles of freedom of speech…do not vary’ with a new and different communication medium.” – Justice Antonin Scalia, writing for the majority in Brown v. Entertainment Merchants Association/Entertainment Software Association, June 27, 2011

The First Amendment is alive and well in America, thanks to a landmark U.S. Supreme Court ruling issued this week. The Court decisively struck down a 2005 California law attempting to restrict the sale and rental of computer and video games. This means creative expression will continue to flourish free of censorship and that consumers will retain the right to choose their own entertainment, despite California’s best attempts to surrender those rights to government.

The Court found California’s attempts to limit the rights of gamers to be unnecessary and unconstitutional. The majority of Justices found the state’s evidence of a link between video games and real-life violence “not compelling” and recognized the video game industry’s voluntary Entertainment Software Rating Board (ESRB) rating system as an effective tool for parents to control the games their children play.

Many legislators around the country are already working with the Entertainment Software Association to promote awareness and use of the highly effective tools already available to parents for monitoring game play, including the ESRB rating system and parental controls available on game consoles. They understand that parents want and deserve the opportunity to make decisions about what games are suitable for their family on their own, without government intrusion.

Video_Game_Voters_Network

With this historic decision, we hope many more will join with us in this effort. While we are hopeful that elected officials will finally stop wasting time and money to restrict the rights of gamers and our industry’s artists, we need your help to keep this positive momentum going. We need you to join the Video Game Voters Network and help us tell the rest of the country what we have always known, and what the Supreme Court today affirmed – that video games are forms of creative expression and fully protected by our Constitution.

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95 Comments

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  • I dunno, I’m one year behind the M rating, but couldn’t imagine playing games under M. They’re the fun ones.. I’d rather kill fictitious characters, than stack colorful blocks because the “government said so”. It’s just like removing TV, or the internet because it has violence on there. They wouldn’t do it, because they all use it. The people in the government don’t play video games, so what would they care? Everyone related to government is just an ignorant, money whore.

  • This country is turning to s*** and I’m not one bit pleased to call my self an american.. Ten years down the line, the only people that will be living here are the people who don’t care what the government does to them. Sad, sad, sad..

  • Tobacco hurts, and even kills you over time. Video games are harmless. Your argument is invalid. Next excuse?

  • @37 mom and pop stores sell games. they dont ask for id. ??

    @39 it sided with big buisness. video games make 40 -100 billion a yrs. and 85% of the audience is kids teens. So how have you won. you havent. The stores need to fined, the devs of violent games need to fined if use kids in ads or commericals. Parents cant do it all becuase some are dead beat and some kids hide these games fromt them.

    I think are blided by the fact to this they use the constituton..Also book store willa rrst a monor if he/she is caught reading adult books.What do it matter if the parent is ok with oit there has to be some penatly for theone who are about the almighty dollar.. thts my point

  • “Those who can give up essential liberty to obtain a little temporary safety, deserve neither liberty nor safety”
    -Benjamin Franklin

  • FREEEEEEDOM!!!!!

  • @$5, if your parent thinks it ok. then you can play a violent game righjt. Do they sit down and tell you “hey dont do that inthe real world the cops are going to arrest you”..

    Video games can captivate the mind with a idea of fantasy alot of serial killers used tto read comic books/ horror novel and play out things they would see in a comic book or novel book> Ever heard of the pac man killer.. he used leave salt pellets from his kill..You cant blame the parent for their child fantasy.. you have blame where it came from to correct the problem. These gaming devs/stores dont care. It show me the money!!

    It had nothing to do with you buying rights. It was alaw finetowards game devs and stores that sell game stores minor in ads and commericals . Same as tabacco.

    Also sitting arounfd playing video games all day is bad for your health buddy ask any one. the more you sit around the less excerise you get the badder you eat as well. These things lead to cancers and among other types of body misfuntions,,

  • mcbuttz78 :

    From reading your posts, I get the sense your position comes from a well-meaning perspective, but if you would actually think about what budapesti & I have posted, logic wins.

    •The gaming industry aptly rates material.
    •Sony has parental locks on console.
    •There will ALWAYS be foolish parents.

    Actually read the Constitution & Bill of Rights.

    Register to vote, then actually do so.

  • @51. its about money at the end of the day and stores and gaming devs are not on your side unless you have the money. They will using kids in ads towards violent games. YOu think the makers of co d are goint to stop marketing kids int hteir ad when they’re making over billion in sales. No they are not.

    It has nothing to do with your buying right or what you can play as a minor. Nothing at all. It was fines toward game devs and stores that target kids and sell violent games to kids with out concen of the parents.

    I think you are missing the point that the gaming dev dont care about a parental lock. I have read the cons/ bill of rights. and those right come at a cost,called taxes my friend. Nothing is free in america not even water

    There needs to be a penalty. why should games devs/Stores get off scott free with a free card “blame the parent” excuse when they are spending million to target kids to play violent games. say what u want its not right nor is it moral

  • I just want to applaud everyone who signed up to join the #s of voters in the Video_Game_Voters Network, and Sony and the playstation.blog for keeping the public informed on matters that are of great importance to us, even if at first ‘we’ as gamers don’t realize it. Great Job everyone!, Fight! for what you believe in, don’t let anyone take away our freedoms ever…

  • know only if they wont band us on psn for cursing it should be rated m for mature seeing how no one on home follows the rules anyways…………………………………

  • Have a look into “Citizens United” &/or “The Patriot Act”, compare those with the Bill of Rights… & see how many rights/liberties are still intact.

    It is and has always been a parents responsibility to raise/guide their own offspring. Television, music, motion pictures, schools & atheletes are not parents or role models. Parents are parents & role models… And they need to grow the ‘f’ up, drop the lazy & nurture children who are intelligent a courageous enough to be themselves, not emulate exterior factors.

  • @54. wat freedom was going to be taken away> None to my knowledge.. Propaganda is what your site and these site are spewing tell the gamer the truth. You should be ashemed of your self and the dirty slime ball tatics that where use to do this.

    This generation of gaming will se nothing but shooter target towards minors. It has been that way for 11 yrs now85% of the market is shooter towards minors. SHow me where the freedom of genre choice is. There is no freedom.. We are nothing more than pawns and pocket fatteners for gaming devs and stores.

    Where is freedom of choice? where are the rpg’s? where are the adventure titles?. where the racing games?. where are the side scroller and platformer?. Where is this freedom you talk about ? Is it on the green dollar bill? does it pop out of thin air when you speak. becuase i see no juctice done here. I all i see is currution for the stores and gaming devs to ruinthis genration with a penalty or remore for whaat they do.

    Show me add toward a adult inthe gaming generation. U cant. becuase 85% of the gaming markets is towards kids when gamers are in the majortyt aged are18-32.

  • 1. Art is war.
    2. It STILL takes a village to raise to a child.
    3. I hate politricks.

  • @61. kudo . my psn brother. kudo :)

    mcbuttz78
    vp-psn legionairee group

  • Digital-Big-Boss

    showing my support for freedom.

  • @60 : I am not associated with any website. Did you confuse my legislative references with a url? Have you actually not heard of Those laws/ court decisions? Wow. I am not sure what organization you think I’m associated with or what “slimeball” tactics you feel I’m engaging in, but nice personal attack.

    If you find the gaming industries marketing strategy so immoral, why do you finance it?

    @61 : You take the time to read this blog post (which is political), & then take the time to read the comments & then go so far as to quote a politician who somehow single-handedly managed to absolve adults of all parental responsibilities, yet you hate “politricks”.

    Raise your own kids.

  • Actually I didn’t read the comments. Ok, well I browsed thru the first 25 or so. And I didn’t quote any politician. I suppose you think that saying is new? I assure you the first person to ever say it is ‘unknown’ and wasn’t a ‘politician’.

    Right on brother McButtz. At least someone sees the bigger picture it seems.

  • @ mcbuttz78

    I guess you don’t agree much with anything related to Liberty and freedom of choice. The sad part is that “big business” controls your life since they control the government… and you go for it… Sad!

    My guess is that you don’t even know what is “big business”. Even if, to your shortsighted view, the video game industry looks big, it is the sum of the developing studios and parties involved that makes it big. Most of the individual producers of games don’t make that much money and recently even the bigger ones had to scale back and even cancel games.

    I think that it would be good if there were more kiddy games on the PS3 but I guess this is why there is the Wii out there. So if you don’t like that the PS3 is more adult oriented, get a Wii.

  • Your obviously reading the comments dunderhead.

    The bigger picture is Sony/developers/store clerks taking on parental responsibilities? No wonder our youth are under educated & overly familiar with the criminal justice system. People have blamed the Beatles, He-man, You name the movie. Always a scapegoat.

    And yes, the quote is an African proverb, and yes it was used as a title of a novel, but who made it pop?

    @ Mcbuttz: I don’t want to imply your a hypocrit so that leaves out my option to post your saved game list (put in an add request, then view profile from sent messages folder in XMB). If you feel their is a lack of game choices & fps/violent titles are immorally marketed, stop supporting them.

  • *there (damn auto correct)

  • Like I said…I browsed thru the first 25 or so comments. I can get a good idea just by reading an article as to what sort of comments it will entice. So what you’re saying is art has no impact and leaves no impression on the minds of those it touches? Be it good or bad. Careful now. And I don’t care about who made the phrase ‘pop’ or who had initially said it for that matter – that’s not why I said it. It’s an easy observation.

  • it should not be the governments role to be a parent, that is what the parent’s job is.

    i move that we create a new state in which all parental obligations are done by the government, all internet and television is also monitored to keep everyone safe and to make sure no one is exposed to anything violent or sexual, so that anyone that wants to have all their decisions made for them can move there. the catch being that once you move there you can not move back out, anyone born in this state will have 1 chance to move out of the state (with SOME assistance to help find a job and such) once they are over the age of 21. if they have not moved out of the state after they have reached the age of 30 then they must remain a citizen of the state for the remainder of their lives.

  • @61

    They didn’t win by just blaming the parents; they won by comparing the then with the now. They compered the time before video games with now, and the only difference was now minors who get caught breaking the law have something to blame. And I quote “The majority of Justices found the state’s evidence of a link between video games and real-life violence “not compelling”

    IF YOU AGREE WITH THIS COMMENT PUT A * AT THE BEGINNING OF YOUR NEXT COMMENT

  • How do you think facts and REAL issues affect/impress the minds of those said facts touch? There are 10 million refugees in the world, 5 million of those due to US military actions. That is far more toxic than a game and if adults actually told children this, I doubt fps’s would be so popular. We’d be peeing on their parade.

    You bought into propaganda. Botticelli & Michaelangelo where considered immoral. Now they are globally treasured. Am I implying our modern media is on par? No. What I am implying is that personal responsibility is paramount.

    A quote that should gain mileage in modern parenthood is
    “The buck stops here”

    Maybe our culture has grown too weak to hold such a strong ideology.

    You know my position and I, yours.
    Let’s agree to disagree. I’m done.

  • I heard about it, I’m happy. How is violent video game any different from violent movie, books, music? I’m glad this case is won.

  • And rightfully so I would say there is really much more important things the California legislature should be working on which in my opinion should not include video games if something isn’t broke don’t fix I really don’t see this as a problem anyways I’m 17 and when I go to the store to go buy any video game M-rated included my parents honestly could care-less what is on the side of it be it rated E-for everyone or M-for Mature because it’s just a video game it’s the peoples and parents choice to decide what is right for there kids not the governments if we lose that right what else is to come? Limited free speech? Now, to me that is unconstitutional and shouldn’t ever be taken away our for-fathers wrote the Bill of Rights which are just that rights we have and should keep not to be surrendered to the state of California that’s just not right. I’m glad the Supreme Court ruled the way they did thank goodness!

  • So this means kids that are 8 years old can get a M rated game.

  • Digital-Big-Boss

    some stores don’t sell them to kids without parents present.

  • WOOOOOOT!!!!!

  • congrats to all ya lil thunder cats out their who could not buy a rated M game without your mommies .lol

  • @ mcbuttz78 take responsibilty for what you buy for kids or for oneself. Parents/Gaurdians if you are toolazy to monitor your children “don’t procreate in the first place” its not the game industry’s job to shield kids from inappropriate games, or the governments for that matter.its your job theyre your children they are your responsibility and if you dont like it you dont even deserve to play video games or anything else in entertainment. You could also just move to Austrailia or some other countries where they ban violent forms of media. this is pointed at Irrepsonsible adults in general notjust you by the way.
    Arnold (Hypocrite) Schwarzenegger, Hilary Clinton, Jerk Thompson & other anti video game politicians GO SOAK YOUR HEADS!!!!

  • This was the right ruling. Also you are correct. People in office should really focus on things that matter in this world and that would make this world a better place. Not taking time & tax payers money to focus on stupid aggendas that dont help others in this country.

  • Parents brought this game for there son and guess what happen to the Parents next day?

    There all are dead, guess who kill them. There son? Why? Because he play GTA4.

    In my book games don’t make killers. why? If so then i would have kill my mom, but she is still live. Why? Because i am not no kill even if i play killing games on my PS3. The Parents should have know that there kid was stick in the head from day one. There try to get GTA4 game maker in court but lost, why it was the Parents fault.

    1. Games don’t kill anyone or make them into killers.
    2. I am prove of it and others are prove of it too.
    3. Stop trying to think games are bad and waste of $.
    4. I spend millions of $ on video games for my neededs.
    5. Sony step your game up on PS4 and remake of PS3 Hardware if you can.
    6. I love the Video games from Final Fantasy, star ocean, GTA, VP, VC, VC2, Blood Omen, Soul Rever, and many others.
    7. Sony Give out free codes of 10$ to 20$ to games who hit that like on your facebook and other place. Have special drawing week to give way free codes.

  • What really needs to be done is universally mandated procedures that prohibit the selling of M & AO rated games to those not of age.

    Some retailers do age verification checks on age restricted sales, but not all of them. Some retail associates check IDs, others do not.

    I was trained as a Walmart associate to ask for ID if the game being picked up was rated M or AO & to treat the sale like I would an alcohol or tovacco sale & verify the person’s age by asking for ID.

    Not every store does this, nor does every associate.

    A parent can purchase the game for their progeny, but once the game is sold, the retailer that sold the game is no longer liable for the consequences of the minor playing the game.

  • lol ^

  • great to know ur doing ur best sony cuz now we can have games the right way and still enjoy them

  • First I think Rick Taylor misrepresented the entire Bill by not once stating that the Bill would only make it Officially illegal to sell M rated games to Minors, Only Minors.

    The only people that should be mad about the bill re people who are under 18 cause if you are old enough to buy the game then you can under this law. The law also doesn’t prevent a parent from purchasing the M rated game for their child, unlike Laws for alcohol for pornography. By saying things like we would lose money because of this Law, you admit to the fact that minors make up a large portion of M rated games sales, which is why the Bill was put into place. After-all it’s rated M for a reason, obviously the ESRB feels that minors should not play this game.

    I will say that there is less of a need for this Bill because once the ESRB came under fire when the Bill was put into Law they changed a lot of their practices. When it comes to the ESRB rating system, Awareness among parents has gone up 60% since the start of the Senator’s legislation.

  • @mixedkidbx agreed which is why you should actually read about everything else the State Senator has done his entire career. He prob see’s this a win for him because 1) he’s running for mayor of SF 2) he got the ESRB to change the way they do things and he brought more attention to an issue the industry was not willing to deal with.

  • @71 , im older than you maybe.. Im a adult i dnt have any kids. Im also avid gamer for the playstation brand 15 yrs strong my friend. Im a very big advocate for the playstaion brand psp . ps3 etc. Im in a group thatstand up for the Ps3 gamer.

    Your mind is working the wrong way on the matter. Its not vs you. It us vs them.. These big companies have won something that will hurt the gamer. the right to keep pushing advertisment to the popluar titles that are marketed to kids that are violent, .>Whats the point of putting out a fresh IP for each genre and keeping things fresh In the gaming world.?

    They dont have to do that now. You can sit back and bring up the bill of rights and etc. But the only bill that has rights is the dollar bill my friend. Gaming genre dont matter anymore they are going to keep pushing outt cod clones or whateevr hot and neglect genre’s as whole becuase you signed a paper telling its ok to do so.

    mcbuttz78
    vp- psn legionairre group
    . .

  • @71&72. big buisness is way different than a big company doing buiseness. Each man is his buisness. So how can you control something you dont own.? Only if you let them . I know this becuase i have buisness degree from the university of maryland. I have had for 20 y odd yrs now. Its no mind control going on. Only self control of the indviual persons in contact with something.

    Keep thinking its taking away your rights . it had nothing to do with that all. No one can take your rights. Thats very silly assumation and very silly statement to make. It down right impossible for them to take away your rights. What they did is made it so they are immune to being sued for marketing kids to profit violent games towards them in ad and etc. The stores and big devs are immune to being sued for these violent game ads towards kids. . ANd you signed the petetion to say its ok to do so. They fooled you pretty good my friend.

  • my dear playstation . brotheres and friend.

    Please help fight this kind of curruption. We as gamers are suffering enough of dlc overpriced for games and some games being 60$ a pop. Also games coming out with lack of dev support and then they just comeback for that sale when dlc comes out. Its not right nor is it moral.

    I dont care if a minor plays a violent games. that on him and his parents and thier lifestyle. but i dont think its right for devs to keep churrning these games out and neglect other genre’s for the sake of kids playing violent games. Back inthe day we had a utopia inthe video game genre’s now its a one way street …

    That is not right gamers and please dont sign any more of these baised petitons for big dev companies to keep the genres of gaming in solidary motion of one type of game is a seller its wrong. VGames are for a escape ,not politics of mass revenue. The avg gamer is 18- 32. not 9-13, why advertise to them violent games?

    Mcbuttz78
    vp-psn legionairee group

  • This makes me remember when my stepdad wouldnt let me play mortal kombat when i was 11 years old….I couldnt watch beavis and butthead as well….turns out this man who didnt condone violence…. condoned his own “dirty laundry” which aired itself out eventually thats why my Mom divorced the wack-job …..I dont mind the way I was brought up but dont be a hypocrite bud…..This aint China you cant censor our internet, games and freedoms and treat us as numbers….you wack-jobs make our four-fathers turn in their graves…..Im from Boston…… and America as we know it was founded by citizens from round here who wouldnt stand for such crap

  • [DELETED]. I can’t believe it took me this long to get it.

    TheHerp80, you’ve basically put the nail on the head and jammed it in. If kids are supposedly not being allowed to purchase these games in the first place, what’s the problem with this law? It didn’t stop kids from actually playing them. The only place where it mattered was the cash register…
    Ah, but there it is. Because it would require the child to actually go through their parents or some form of adult rather to their wallets. The industry has no problem with making the suggestions (covering their collective [DELETED]) based on inappropriate content, they don’t want to limit their income.

    It was obvious this law was shot when it targeted a multibillion dollar industry (hurray for capitalism), but it ticks me off to see so many people bowing to the Almighty Dollar.

    Yeah, this had long-reaching effects. It shows that, with corporations now with essentially able to vote and shape laws, individual citizens are irrelevant.

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