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Speak Out
Should government be allowed to forbid the sale of violent video games to minors?
UPDATE: The Supreme Court ruled on June 27, 2011, that the state of California could not ban minors from purchasing violent video games and that the state law was unconstitutional.
Nov. 2, 2011
If you are under 18 and a fan of violent video games like Grand Theft Auto, you might have to wait a little longer before you can buy your own copy of a new release. The Supreme Court is hearing oral arguments for Schwarzenegger vs. Entertainment Merchants Association, which will determine if a California law that forbids the sale of violent video games to anyone under 18 is constitutional.
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Before the Supreme Court makes its ruling, it will review decisions in similar cases and apply them to its opinion. In Schwarzenegger vs. Entertainment Merchants Association, the court will most likely look at Ginsberg v. New York, a freedom of speech case that determined that states can limit minors’ access to sexually explicit materials that they cannot constitutionally ban for adults.
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The state of California argues that minors lack the ability to make a reasoned choice, and the law reinforces the parents’ authority to prevent their children from playing violent video games. The 2005 law, signed by Gov. Arnold Schwarzenegger but blocked by court orders, would prevent the sale of any game that lacks any serious literary, artistic, political, or scientific value. Video games deemed violent would be regulated more like adult films than regular films showing at the multiplex.
Using a two-part argument, California says that it is not violating the freedom of expression protected by the First Amendment. First, it argues, violent video games are not considered protected speech. Second, lawyers for the state argue that legislatures can regulate materials deemed inappropriate for minors because of the precedent set in the 1968 Supreme Court case Ginsberg v. New York.
The video game industry is crying foul and says it also represent the parents’ interest. “There is no reason to think parents need California’s ‘assistance’ in deciding which expression is worthwhile for their children,” said Paul Smith, the lawyer representing the Entertainment Merchants Association.
The industry further argues that the lower courts have ruled in the favor of the video game industry, striking down the law on First Amendment grounds. The industry contends that video games are a modern form of artistic expression, like movies, television shows, and even works of literature.
Last, the video game industry says that it already created a rating system that is adequate in warning parents of video content. It argues that the system is much like the current rating system of movies, which has gone uncontested for years.
What do you think?
Should government be allowed forbid the sale of violent video games to minors? Are violent video games lacking any artistic merit or are they modern forms of artistic expression? Who should have the final say in deciding which video games a minor can play? The government, the parents, or the minor? Join the discussion and let us know what you think!
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