Video Games Under Fire

Supreme Court Hears Case of Legislating Gaming Sales

Pushing the Boundaries of Violence in Video Games: The Chainsaw Kill

I received my October issue of Game Informer magazine today and came across an interesting story. After years of failed attempts, it seems the pussy whipped politicians and activists who are against video game violence are finally getting their ultimate wet dream. The Supreme Court has decided to hear the case of legislation in California trying to regulate the sale of violent video games in retail stores. If you know who I am, this little tidbit is an offense to me on many levels. First, I am an avid video gamer. Second, I majored in Broadcast Journalism and English, which are fundamentally tied to the belief of the first amendment. And thirdly, my conservative nature will not allow me to support a ridiculous law like this that restricts a free market enterprise like consumer electronics with government regulation. Puh-lease!!!

So how did all of this begin? Well, it all started a long time ago, in a galaxy far, far away called California. For years, the state of California has passed measures trying to enforce the sale of mature video games to minors. The measure eventually became a bill, but was deemed unconstitutional by a circuit court...TWICE! Low and behold, the case was appealed and is now heading to the Supreme Court in November to determine it's constitutionality. So what's the bill say? From what I've gathered online and through Game Informer, the bill wants to impose a penalty to retailers who are caught selling mature games to younglings. It's something like $1000 per infraction. The bill also adds its own definition of what video game violence is...which is really not so simple. According to the bill, a violent game is "one that depicts “killing, maiming, dismembering, or sexually assaulting an image of a human being” in a manner that meets all of the following requirements: (1) A reasonable person, considering the game as a whole, would find that it appeals to a deviant or morbid interest of minors; (2) it is patently offensive to prevailing standards in the community as to what is suitable for minors, and; (3) it causes the game, as a whole, to lack serious literary, artistic, political, or scientific value for minors." Alrighty then, so that implies not just most video games, but tens of thousands of other works of creative art; be it movies, books, or comics.

So why the fuss about this law? Video games have always fallen under a large debate over whether they should be considered art. Considering now the complex nature that goes into creating a game, from level design, to art direction, story structure, etc. I find it difficult to NOT consider video games artistic masterpieces. Teams of talented individuals are ultimately creating an artificial world out of nothingness. When you consider the basis of the First Amendment, games should be protected, and thus not be allowed to be prohibited from sale.

One of the major defenders of video game rights is comic book mafioso Stan Lee. Mr. Marvel himself is standing up for video game rights, claiming the California bill impedes on our First Amendment rights. Lee has some experience in this field, considering that back in the 50's, comic books went through the same public scrutiny, which believed that comics contributed to juvenile delinquency. You can read his whole defense speech here if you like. Quite marvelously, pun intended, Lee brings up the obvious point of the first amendment protection we should all have. On top of that, he drives the point home that politicians are using the attack on video game violence as a way to boost their credibility to the public by supposedly helping America's youth, when in fact there is already a ratings system in place for games, (see ESRB) on top of the fact that many consoles have parental controls in place. Still, the big fuss comes when you mention the supposed link between video games and real-life violence and here is where I call BULLSHIT! I understand that many tragic events in American history are linked to video games. Columbine and Virginia Tech are the most notable in today's media, but what many people fail to understand is that many factors come to play in determining why a sick individual would perform such atrocities.

If you've ever watched a program called "Penn & Teller's: Bullshit," one of the episodes discussing video game violence does a great job in shooting down the stigma of video games being associated with violent crimes. What it basically says is there is no concrete, scientific evidence that links violent gaming to real-life violence. Instead, it is pure speculation that drives politicians and activists to pointing the finger at violent video games solely because they need a scapegoat. In fact, it is quite the opposite. Many experts say violent crime among youths since the 1990's has gone down since video games became popular. When looking at the f**k faces behind Columbine and Va. Tech, the main link between the two of them wasn't the fact they played violent video games or listened to Marlyn Manson, but rather the fact they were troubled individuals who were depressed. We need to recognize that humans are social beings. Thankfully, games are now trending towards a more social atmosphere and this is the direction we need to keeping pushing for. However, and this is a big However, video games can be detrimental to youth, but only with improper parenting. Parents need to be involved with their kids and teach them the difference between reality and fantasy, and that there are major consequences when we push reality too far.

Hopefully this is the stance the Supreme Court will take come November. If it comes to the point where government will control the sale of mature games then we will see a ripple effect like never before. Retailers will be scared to hold violent video games in fear of hefty fines, thus forcing developers to take less chances in creating their games. From there, who knows, maybe it'll make video games the scapegoats that most politicians are looking for. As it is, it also drives the point of why video games are taking the heat. Shouldn't violent movies like Hostel and Saw take the brunt from Congress? Or how about violent works of literature like "World War Z" or "American Psycho?" Might as well put a lid on Eminem while we're at it. The point is many times in life we want to blame other people for our problems but many times the only person to blame is yourself. I certainly hope it never gets to the point where I need to play "Wii Sports" for the rest of my life but who knows, I've seen weirder things...Like Indiana Jones and the Kingdom of the Crystal Skull.

Here is the episode of Penn & Teller's Bullshit I was talking about. Seriously give it a go, it's very good. Enjoy