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Judges Ruled: Game Laws are Unconstitutional

by - source: Tom's Hardware US

The Ninth U.S. Circuit Court of Appeals found that laws passed in the state of California mandating games be labeled and strict age requirements are unconstitutional, going against free speech.

Surprisingly, three judges ruled unanimously against the mandates, agreeing that violent video games haven't been proven to cause psychological harm to young players. This has been an ongoing debate for many years. Gamers themselves likewise argue that the violence they experience in video games don't carry out with them into real life interactions.

"Even if it did, the Act is not narrowly tailored to prevent that harm and there remain less restrictive means of forwarding the state's purported interests," the court said.

There have been crossed opinions on how to judge whether a game is "too violent" and up until now, a private group of officials have been the judges behind the labels. The court judges however, said that the labeling and requirements unfairly allow the state to label games, barring them from sale to minors.

If I remember correctly, the first time I played Super Mario Bros. on my NES, I was killing many things, and most of them animals. But clearly, it was all for a good cause of saving a princess in distress. The essence of SMB was that you had to "eliminate" the baddies. I still play violent video games today, as well as other genres, but I don't become violent against other people.

Unfortunately, examples such as the kid who shot his parents, killing his mom, for vengeance over the opportunity to play Halo 3, doesn't bode well with state legislators.

If you're a gamer, do you feel playing violent video games influences your behavior and temper? What do you think about restrictive laws on video games?

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antilycus 02/20/2009 10:46 PM
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i think that, AGAIN, all of these politicians are a complete waste of space. WHY DO YOU VOTE THESE LOSERS INTO OFFICE? If you don't like what they are doing, VOTE THEM OUT. Here in WI, we have a man hater that is going to be a judge because nobody will vote against her (and there is a running mate). She's already ruined a few family by putting male drivers of car accidents (with no blood or acohol in their system) in jail for 25-45 years... because of an ACCIDENT...

The parents of these families have nobody to blame but themselves for not voting AGAINST this judge.

SneakySnake 02/20/2009 10:46 PM
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doesn't affect in the slightest

JDocs 02/20/2009 10:47 PM
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dark_lord69 02/20/2009 10:51 PM
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I agree with the judges. I am a gamer and I have been playing games my whole life. I like very violent games. Ya, know, use a shotgun to blow someones leggs off and hear them scream. But even though I like games like that doesn't mean I'm dumb enough to doing anything like that in real life. I am probably one of the most passive quiet people you'd meet. Lets not forget the fact that other countries have the same video games and don't have the same issues with kids blaming games saying I just did like the video game.. That's total BS. Next time I get pulled over I'm just gonna tell the cop oh well it's not my fault I was playing need for speed and he will say "OK, I'll let you go cause we all know it's the video games fault you were speeding".

JDocs 02/20/2009 10:53 PM
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Lol no blood or alcohol? Sounds like he was to dead to go to jail :P

However it is sad what happened!

Darkness Flame 02/20/2009 11:04 PM
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The first truly violent game I ever played was Halo back when I was 12. Compared to a lot of other games, even around that time, it wasn't overly violent. However, it was the first one with an M rating. All I can say is going through "The Library" in the middle of the night with all the lights around me turned off scared the crap out of me for a while.

Regardless of that, I actually felt that I could handle my anger and rage better after playing games like Halo. So, all in all, no downside from my experiences ... well ... other than just losing some sleep at times.

spikey_monkey 02/20/2009 11:23 PM
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My first experiences with video games was also SMB but shortly after, the first Doom. I had to have been 6 or 7 at the time, killing demons from hell in bloody glory. I can honestly say today I abhor violence in the real world and can never justify harming another person, physically or emotionally, other than in self-defense.

jhansonxi 02/20/2009 11:26 PM
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This debate has been raging ever since Spacewar! was created:
http://en.wikipedia.org/wiki/Spacewar!

That was 1962. Considering what the 60s were like you could theorize that video games promote drugs but not violence.

tayb 02/20/2009 11:42 PM
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Not only have I found video games to never incite violence but they have actually been a very effective means of taking out my aggression. Funny...

NuclearShadow 02/20/2009 11:49 PM
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What I find odd about the whole debate is that the other side acts as if violence has never existed or even to such levels before when video games existed. The truth is the world is much less violent than it is today than it was anytime in the past. Even our wars today have much less casualties than any other period of history.

Also our definition of children has become anything less than 18 here in the US. However this isn't recognized everywhere and most likely no where in the else past. Children in the past have been known to be violent and young teens would even serve in armies and die on battlefields throughout history. So certainly we can't blame video games or any other modern type of hobby or activity for the violence we see today in our youth.

grimreality 02/20/2009 11:52 PM
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Rather going out on an office killing spree because I'm stressed out and hate the people I'm around, I can go home and get on my computer and kill fictional characters without harming anybody. Disaster averted. Thank you, video games.

Now, I'm not stupid and I know that with a troubled mind, participating enactments of violence or just watching acts/enactments of violence, can have a profound negative effect, and because of that we should be mindful. For the majority of us who are stable enough to know reality from fantasy, and how to keep things that way, yes of course this is silly. But it only takes one messed up kid with Halo in one hand and a shotgun in another to ruin it for the rest of us.

N19h7M4r3 02/20/2009 11:58 PM
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I have been killing bots in game since i was a little over 10, and i havent had the urge to kill anyone yet... i live in a country where guns arent exacly a must have in house. I acually do have access to some since my fathers in the armed forces of my country... Before taking the controler of the kids hand, try to take the gun off the other hand first...

afrobacon 02/21/2009 12:03 PM
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Games make for a great stress reliever, without them there would probably be more bad examples of kids bringing violence to real life.

On that note:
Some days when I get home I don't know what I'd do without my good ol' N64 and it's amazing Perfect Dark game... So I'm a bit behind in the console wars, deal with it.

jerreece 02/21/2009 12:05 PM
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"Unfortunately, examples such as the kid who shot his parents, killing his mom, for vengeance"

That particular example, had more to do with parenting, addiction, and psychological problems with the child. The video game itself was not the cause there, IMO.

I kind of have to agree with the judges in this case. However, I hope this ruling will not prevent folks from preventing very young children from buying software/games which display adult content (nudity, porn, etc). That goes beyond free speech, and begins to intrude on another person's rights (which is why you can't run naked in public without being arrested).

I've played video games since I was 5 or 6 years old. I've played most of the GTA games, Halo, COD, and lots of FPS games. I've never had the inclination to hurt another person due to this.

phantomtrooper 02/21/2009 12:55 PM
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im actually writing a research paper on this right now. my take is that young children 10 or so and under shouldn't be playing really violent games, neither should anyone who has a psychological disorder that can make them violent. other than that i have seen no problem with video games causing real world violence, so game on.

kshub216 02/21/2009 1:18 AM
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killing pixels is fun, killing people is illegal, period

there was murder and violence going back in time, pre-electricity (aka no video games), what do all the researchers blame then?

Anonymous 02/21/2009 1:20 AM
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So why are there rating son movies then? Should be Freedom of speech, no? Has there ever been a connection made by people watching movies and violence?

It would seem the laws/rules that apply to video games should apply to all other forms of media, no? So I guess the Ninth Circuit will soon be striking down a bunch of other rules.

nachowarrior 02/21/2009 2:57 AM
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two words.... PERSONAL RESPONSIBILITY!

freiheitner 02/21/2009 3:03 AM
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Quote :The Ninth U.S. Circuit Court of Appeals found that laws passed in the state of California mandating games be labeled and strict age requirements are unconstitutional, going against free speech.


Hmm, by this logic, X-rated films ought to be open to minors. The ratings systems is largely the same for movies as it is for video games (different notations but the same general idea behind their use).

freiheitner 02/21/2009 3:04 AM
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nachowarrior :
two words.... PERSONAL RESPONSIBILITY!



Amen brother!

sicundercover 02/21/2009 3:18 AM
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People who commit Violent acts would have most likely done that even without having played Video games. I dont think Jesse James or Billy The Kid played GTA4 and Im pretty sure Hitler wasnt playing Halo (even if he did get his Live account banned).

In the 1940's it was comics, in the 50's it was Rock N Roll, in the 80's it was Metal and Hip Hop, now its Video Games.

They compare these people who commit violent acts and find they play Video games, but if you compare them to ALL PEOPLE who commit violent acts youll probably find that more of them have what they ate for breakfast in common.

People have been killing people for far longer the Video Games have been around. And Murder is far lower now then it was 200 years ago.

NuclearShadow 02/21/2009 4:03 AM
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Sicundercover your 100% right and you have given me a thought.

If you notice the things you listed from comics to music all of them have violent themes within them including video games. This shows that man has a natural craving for violence and will constantly create more things containing violence to enjoy. It seems that real violence isn't even needed to satisfy the desire. So the problem isn't with the types of entertainment we create that's just a expression of ourselves. Its who we are as a species.

blazeorangeman 02/21/2009 5:34 AM
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What we fail to recognize is that the state has absolutely no right to pass laws baring the sale of violent video games to minors.

The simple truth is that politicians, and panels deciding the level of violence in games is something that parents should be doing from the beginning.

It's sad to see that our culture has become so dependent upon these people that we are freely giving over to them the responsibility that parents need to have over there children.

Who is raising these kids anyways? "It's ok I don't care about anything my kids do anyway, besides I'll just let them do whatever." Too bad that the actual lawmakers give a damn about morals and how it affects children as the grow up.

At the same time don't be blaming the gaming industry either. Who are they making these games for anyway? Gamers that have grown up in the 80's. It's not like they're specifically advertising these sort of games to 10 year olds; if they did, when did Phillip Morris get into gaming?

pocketdrummer 02/21/2009 5:37 AM
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I think games offer positive reinforcement, actually. Consider this...

In almost all video games, if you do senselessly illegal things, you are often punished for it. They don't make you a killer. In fact, if you suck at games, you may even think twice about being violent because you'll probably die due to your suckiness at being a criminal.

Games like Day of Defeat show you just how easily you can die in combat. In ALL games, there's usually a negative side effect to the fun graphical treats when you do drugs.

When it's all said and done though, you can't substitute a video game for proper education. People aren't mindless drones and video games aren't brain washing software. If that halo kid didn't kill his parents over a game, he probably would have done it over a car or something else that he viewed important. Killers are killers... games are just entertainment and outlets for many.

wdmso 02/21/2009 11:47 AM
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Did they ban the 3 stooges or the road runner. there were no Games to play in the early 60's and people were still killing each other but our elected officials only stand on issues that appeal to fringe groups on the left and the right glad to see a common sense ruling for once

Hupiscratch 02/21/2009 2:41 PM
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Media can only have a chance to be harmful if parents let their children being raised by media. Not only video games, but movies, TV and even plays can highly suggestive to a child. People are forgetting to relate thenself with their children. Media can act like a bad friendship on school and parents are in charge of teaching their children the corrent attitude.
There is no need for banning.
It´s sucks to see publishers cutting games to adapt them to the M rating. ERSB should be only a suggestion, not law. I´m pretty sure that most of video game players are 18+, so what a hell!

blackened144 02/21/2009 3:03 PM
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jerreece :
I kind of have to agree with the judges in this case. However, I hope this ruling will not prevent folks from preventing very young children from buying software/games which display adult content (nudity, porn, etc). That goes beyond free speech, and begins to intrude on another person's rights (which is why you can't run naked in public without being arrested)



This is relative. If your from a smaller town where the cops are not used to drugged out peeps running around naked, you would be surprised at how apprehensive a cop would be at tackling a naked guy.. Its easy to not get arrested if the cops just watch you run away, junk flopping all over the place.. Not that I would know anything about that..

blackened144 02/21/2009 3:06 PM
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nachowarrior :
two words.... PERSONAL RESPONSIBILITY!


None of the people I have ever seen in California wouldnt even know what that means.. Probably couldnt even spell it.. I know not everyone in Cali is like that, but the people who make the most noise are...

blackened144 02/21/2009 3:23 PM
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blackened144 :
None of the people I have ever seen in California wouldnt even know what that means.. Probably couldnt even spell it.. I know not everyone in Cali is like that, but the people who make the most noise are...


Damn.. I wish I could edit that 'wouldnt' to be 'would'.

matt_b 02/21/2009 4:36 PM
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A kid that kills his/her parents over something as ridiculous as not being able to play a violent video game, and then blaming the incident on the games itself? If this happens at all, for starters, the "programming" was already in the kids head. Help was already needed, maybe not now or even five years from now. Sooner or later something would have snapped over a similar incident and something else would have happened. This is why adults have prescription medication or counseling to deal with chemical imbalances in the mind. I am not saying that this kid would have just been evil anyway, but he was walking alongside the path in the first place - perhaps the signs were missed and he just needed some help to stay off of it. I suppose everyone else in Juvenile, prison, or psycho wards can be attributed to the phrase "Oh they must have played violent video games as a child"!

rbarone69 02/21/2009 6:20 PM
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I think people are missing the point here. In general a rating would provide parents that are ignorant to the video games out there to make a decision if they want to allow their child to play such game. (i.e. not all moms and dads play the latest games)

We do it with movies, why not games? After all they are getting more and more real.

Again, it's about helping the parents make informed decisions. After all they are responsible for their kids until they are legal adults.

As a parent myself, I wouldn't let my kid play GTA to learn how to get their money back from a hooker by beating her up. For me, I don't believe my son would go out and beat up hookers, but I believe it desensitizes their mind against what's wrong. (I speak from experience on that one!)


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