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Thread: Court: Calif. can't ban violent video game sales

  1. #21
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    Re: Court: Calif. can't ban violent video game sales

    Quote Originally Posted by DiAnna View Post
    That's already covered by law, and has been for more than a decade. Video games rated Mature cannot be sold to anyone under the age of 17.
    This is a common misconception, the ESRB ratings do not have the force of law behind them. But they are enforced by the industry, and is much like the MPAA. If a store doesn't follow the ESRB ratings, they could have all the games pulled from their store by the companies, much like how if a movie theatre lets kids into R rated movies, they won't be allowed to show movies rated by the MPAA anymore. What this law was trying to do, is single out video games, and put an unfair stipulation on their sale, and creation. California would have had to set up a censorship board to determine if these games were violent enough for their special rating or not, which we don't have precedent for in this country. What basically would have happened is people would have stopped selling games that qualify for that rating in California because why would a store take a chance on a fine, and potential jail time for selling a product. It would have been a huge violation of the first amendment. There are many other reasons why this law is unconstitutional, I suggest everyone read the decision, it's a good read.
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    Re: Court: Calif. can't ban violent video game sales

    Quote Originally Posted by DiAnna View Post
    That's already covered by law, and has been for more than a decade. Video games rated Mature cannot be sold to anyone under the age of 17.
    Yeah I know. Thats the way it should stay...

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    Re: Court: Calif. can't ban violent video game sales

    Quote Originally Posted by danarhea View Post
    Very interesting problem here. Does a state have the right to regulate the sale of violent video games to children? What about pornography? Past SCOTUS decisions on porn have relied on what is known as "community standards". But don't community standards also apply here?

    Discussion?

    Article is here.
    I'm surprised they haven't been. If the idea is to have video games regulated in much the same fashion that all other media are regulated, you'd think this'd be a no brainer. It's possible, however, that because people tend to want to regulate sales of video games based on violent conduct, rather than sexual conduct (a prerequisite for an obscenity-based ban), that the same rules would not apply.

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    Re: Court: Calif. can't ban violent video game sales

    Quote Originally Posted by DanaŽ View Post
    Very interesting problem here. Does a state have the right to regulate the sale of violent video games to children? What about pornography? Past SCOTUS decisions on porn have relied on what is known as "community standards". But don't community standards also apply here?

    Discussion?

    Article is here.
    I see Porn and violence in Video Games as two very different issues.

    Porn has moral implications, and has been connected to serious addictions that have lead to violence afaint's women and children.

    If violence is an issue then they might be forced to look at all violence in Movies, and TV.

    I believe what is needed is what there is already, and that is a rating system so parents can monitor and control what their children see and do.

    What we lack in society today is lack of parental control, involvement, responsibility and roll models.

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