Big Brother Wants To Censor Your Games

[Maestro23]

http://ps3.ign.com/articles/107/1070202p1.html

Big Brother Wants to Censor Your Games

And how lawyers like the ESA's Ken Doroshow are using the Constitution to stop the government's efforts.

by Matt Casamassina

February 18, 2010 - There's a lot of keynotes and speeches at the DICE Summit 2010 in Vegas this week, but one both surprisingly interesting and insightful came from the Entertainment Software Association's senior VP and general counsel, Ken Doroshow. Put simply, he's the man the ESA calls upon to stop efforts by the government or politicians to limit the sales or altogether censor videogames -- oftentimes warping some constitutional law in the process.

Or as Doroshow put it, "Somebody has a bad idea that can score easy political points by scapegoating the videogame industry and blaming it." He and his colleagues defend against those types and their battlefield is the legal system.

The self-described "law nerd" talked for 45 minutes about some of the big suits the ESA has won over the years -- its track record is currently perfect with a win ratio of 10 for 10.

"The courts have unanimously found that videogames are expressive content protected fully by the first amendment," he said.

At least so far.

A number of lawsuits have made the case that videogames incite violence through the years and yes, that battle wages on even today. However, backers of these claims have not been able to gain any ground in a court of law because, according to the legal system, such allegations must demonstration an "immediate connection" between videogames and any violence. Furthermore, many specialists have flat-out dismissed such claims because the very theory that videogames incite violence of any kind is simply not valid -- and it certainly hasn't been shown scientifically.

"There's a lot of reasons why courts have not been persuaded by this theory," said Doroshow.

One major additional reason is that the states have remained under inclusive -- singling out videogames while ignoring movies and television. Also, the courts have deemed regulatory laws unnecessary given effective alternatives are available -- for example, the ESRB, proper education, and parental controls, among others.

Doroshow did note, however, that there is cause for concern based on a potential loophole regarding the first amendment. He said that "narrow categories" of unprotected speech have become exempt from the protective shield of the amendment. For example: child pornography, fighting words, and obscenity.

In May of 2009, the state of California petitioned the Supreme Court for a review of a petition which states that excessively violent material should be treated as unprotected speech -- like obscenity. The case is still pending.

The hope is that the Supreme Court -- which has not allowed a new exemption in 25 years -- will reject outright reject the petition.

Doroshow closed his speech by talking about a few specific cases recently won or pending. The Chicago Transit Authority exacted an ordinance that barred advertisements of M and AO-rated videogames, but of course it excluded other media. Doroshow showed posters for the R-rated movie and M-rated videogame versions of Resident Evil -- the former of which would be fine to advertise on Chicago's streets, but not the latter. He called the case "absurd" and said that so far the courts are on the ESA's side.

Last year, Utah tried to erect a bill in which retailers could be sued if they sold M-rated games to minors, but it was vetoed by the governor. And just last week Rhode Island tried to pass a bill that would criminalize the sale of M-rated videogames to minors. The bill is still pending.

"As one of my colleagues said, it's so 2006," said Doroshow.

[MarkB]

"Those who would give up Essential Liberty to purchase a little Temporary Safety, deserve neither Liberty nor Safety." - Benjamin Franklin.

[emath2432]

"Those who would give up Essential Liberty to purchase a little Temporary Safety, deserve neither Liberty nor Safety." - Benjamin Franklin.

A very wise man once told me, during an argument over politics, that 'just because a founding father said it, doesn't make it right. They all thought slavery was okay, while talking about every man being created equal, too'.

Not that it's wrong....Just sayin....

[Yankee4Life]

A very wise man once told me, during an argument over politics, that 'just because a founding father said it, doesn't make it right. They all thought slavery was okay, while talking about every man being created equal, too'.

Not that it's wrong....Just sayin....

I think you missed the point. He never said that everything that one of the founders of this country stated at one time or another is right. All he did was post a quote by Ben Franklin that really tied into what this thread is about.

It is also amazing to me that a man who was born and also died in the 1700's can have so many poignant quotes that is still as powerful and full of common sense today as when he first said them all those years ago.

And as far as those same founding fathers saying slavery was ok you have to understand that this was the 18th century and that is just how things were back then. To look down on the customs, traditions, beliefs and daily way of life from one century to another makes no sense at all to me. It is just how things were and that's that.

Look at it this way. Maybe there are things that we are doing right now in the 21st century that people in the 23rd or 24th century are going to look back on and not understand our way of thinking or doing things. Does that make us wrong right now? No. It's just that those people in the future will view us differently.

[Sean O]

Well Mr. Big Brother Video Game Censorship Man, you can take my pound of flesh and sleep well.

(too soon?)

[RaptorQuiz]

Well Mr. Big Brother Video Game Censorship Man, you can take my pound of flesh and sleep well.

(too soon?)

If you have a pilot's license, consider it revoked.

And yes, it's too soon. Yeesh.

[Sean O]

If you have a pilot's license, consider it revoked.

And yes, it's too soon. Yeesh.

This is undoubtedly the best meme since Kanye's I'ma let you finish.

[HardcoreLegend]

A very wise man once told me, during an argument over politics, that 'just because a founding father said it, doesn't make it right. They all thought slavery was okay, while talking about every man being created equal, too'.

Not that it's wrong....Just sayin....

That's actually false. Not all, or even most, Founding Fathers thought slavery was right. In fact, they thought it was wrong. But pay attention to what they say, not how they behave.

[MarkB]

Well Mr. Big Brother Video Game Censorship Man, you can take my pound of flesh and sleep well.

(too soon?)

I see what you did thar. :facepalm: