Court: Why the First Amendment protects violent video games

Grindspine

Moderator
From Yahoo news:

The U.S. Supreme Court today ruled that states cannot restrict the sale or rental of video games to minors, a decision that reinforces both the First Amendment protection for interactive games and the free expression rights of children.

I am glad that California Justices have both upheld The Constitution and saw through often used, but logically unsupportable arguments.

The science doesn't support censorship: The Supreme Court dismisses research that violence poses a threat to children, saying that it doesn't prove that violent video games cause children to act aggressively.

http://beta.news.yahoo.com/blogs/exclusive/why-supreme-court-says-first-amendment-protects-violent-171155072.html
 
I think it's a mistake, personally.

I don't trust other parents to make good choices for their children in this specific instance. I don't want to live in a world where an entire generation grew up "playing" hyper-ultra-realistic-violence-massacre simulators for fun. If game companies won't be responsible, and retailers won't be responsible, and parents won't be responsible, and kids won't be responsible, then the government has to, or no one will.

But I am open to discussion on the matter, and in fact I would like to hear some strong rebuttals to what I've just said.
 
stealth toilet said:
I think it's a mistake, personally.

I don't trust other parents to make good choices for their children in this specific instance. I don't want to live in a world where an entire generation grew up "playing" hyper-ultra-realistic-violence-massacre simulators for fun. If game companies won't be responsible, and retailers won't be responsible, and parents won't be responsible, and kids won't be responsible, then the government has to, or no one will.

But I am open to discussion on the matter, and in fact I would like to hear some strong rebuttals to what I've just said.

Well we have debated this before and quite honestly we didn't really get anywhere. What I think is that a parent should have the decision of whether or not their child is mentally able to enjoy a violent game without going insane. And you did not agree with that because you do not trust parents, which is a valid point...

However one thing that has changed from our last discussion is this....Parents do care.......TOO MUCH!!! if you lived here in USA you would know what I mean. Soccer moms, religious institutions, government officials, schools everyone everywhere has a vendetta against gaming in this country, so a law is not really that necessary since propaganda seems to be doing its job
 
Oh for the love...No, we seriously don't need anymore parenting in this country. Violent video games are about the least of things we should be worried about when it comes to minors. There's much more real and pressing issues that need to be dealt with. If anything, target ALL video games and blame them for this generations laziness and lack of productivity, but don't limit it to just violent games.
 
Maybe parents should stop buying games, cell phones, and everything else for their kids and make them GET JOBS.

Oh yeah, wait, all the jobs that used to be held by highschoolers are now held by retirees and formerly unemployed or the underemployed since the TAX BREAKS that the GOVERNMENT instituted for the RICH made most of the ECONOMY well upwards away from the WORKING CLASS so there are now no jobs for the kids UNDER 18 to work to afford VIOLENT VIDEO GAMES.

^_^

How is that for a loaded rebuttal?

But, really, yay for upholding the values that the wise forefathers put in place as early Amendments to The Constitution. I am glad that they were strongly upheld without waivering to modern arguments.

Yes, technology has changed, but really, the values set forth back then were quite solid.
 
stealth toilet said:
I think it's a mistake, personally.

I don't trust other parents to make good choices for their children in this specific instance. I don't want to live in a world where an entire generation grew up "playing" hyper-ultra-realistic-violence-massacre simulators for fun. If game companies won't be responsible, and retailers won't be responsible, and parents won't be responsible, and kids won't be responsible, then the government has to, or no one will.

But I am open to discussion on the matter, and in fact I would like to hear some strong rebuttals to what I've just said.

Well firstly, I personally don't feel that censorship of any kind is justifiable for a government. It is simply not the government's place to censor video games, but even beyond the question of what the government can justifiably do, there are many other issues with censoring video games. You are talking about companies, retailers, and parents shirking responsibility and allowing their children to play violent video games, but this is simply not the case. Not only is this kind of legislation an overreach of government power, it is also essentially redundant, as the ESRB is pretty strictly adhered to in the US and it is actually very difficult for children to get violent video games, even without any kind of direct government legislation. The ESRB is actually very effective at stopping violent video games from getting into the hands of children, as I can tell you. until I was 17, I had never bought an M-rated game without a parent with me because they would never sell me an M-rated game without a parent with me. In my experience, Gamestop and other retailers are very strict about not selling M-rated games to children under 17. In Gamestop's case, I'm pretty sure that an employee can lose their job if they sell an M-rated game to a minor. Given that the ESRB, a self-regulating, non-government body is already in place and is already very effectively preventing minors from getting video games without parental consent, why even bother legislating? Any legislation would be largely redundant at this point. Granted, if you made selling games to minors a felony (which I believe was suggested in another piece of legislation, if not this one), you would definitely see fewer kids slipping through the cracks and getting their hands on violent video games but is it really worthwhile to do so? Such legislation is not without its own costs. We would be wasting the resources of a very thinly stretched legal system, prosecuting a bunch of Gamestop employees who sold Halo to a 14 year old as criminals. Any kind of legal procedure is always long, bureaucratic and costly and the time and money that would go into prosecuting these people would far outweigh any minor "benefit" you might see from this law. We already have a reasonably effective system in place. Are violent video games really such a horrible society-destroying menace that we have to waste so many resources to ensure that NONE get into the hands of our precious children (keep in mind that very few are getting through without parental consent currently)? It's simply impractical, unnecessary, and illogical to legislate and criminalize such things when the US is running gigantic budget deficits, our legal system is strained, and our prisons are overcrowded.
 
x2 said:
There's much more real and pressing issues that need to be dealt with. If anything, target ALL video games and blame them for this generations laziness and lack of productivity, but don't limit it to just violent games.

This is a fallacious argument. Just because there are other issues to be dealt with in addition to this one, that does not therefore mean this one should not be dealt with.

Grindspine said:
But, really, yay for upholding the values that the wise forefathers put in place as early Amendments to The Constitution. I am glad that they were strongly upheld without waivering to modern arguments.

Yes, technology has changed, but really, the values set forth back then were quite solid.

That sounds pretty anachronistic to me. It's just as likely that America's forefathers would be appalled at the idea of some people deliberately exploiting and misappropriating a constitutional right at the expense of the public welfare. There are a number of exceptions that existed then and now, and if there's one thing A's Fs would have agreed on it's that such exceptions should be determined by reasoned debate, not anachronisms. The whole idea of a constitutional democracy was to build a system of government that made decisions based on reason, not tradition, so to rely solely on (a rather dodgy interpretation of) tradition is precisely the type of unAmerican thinking A's Fs were attempting to dismantle.

Homicidal Cherry53 said:
Well firstly, I personally don't feel that censorship of any kind is justifiable for a government. It is simply not the government's place to censor video games...

But the government is representative of the people, and it is the people's place to determine what is or is not acceptable behaviour in their society, so if the people feel "censorship" (which isn't really what we're talking about, but for argument's sake, ok) of violent video games is in society's best interest, then a democratic political system ought to reflect that. It is the govnerment's place to represent the people, regardless of the issue.

Homicidal Cherry53 said:
Not only is this kind of legislation an overreach of government power, it is also essentially redundant, as the ESRB is pretty strictly adhered to in the US and it is actually very difficult for children to get violent video games, even without any kind of direct government legislation.

So what's the harm in making a public precedent of what is already a generally accepted one?

Homicidal Cherry53 said:
Any kind of legal procedure is always long, bureaucratic and costly and the time and money that would go into prosecuting these people would far outweigh any minor "benefit" you might see from this law.

Possibly, but do you really believe that's probable? What are you basing that assumption on? Another possibility is that the fines collected from pursuing these law breakers would provide much needed cash flow into the justice system, and would also deter a number of would be offenders from selling violence to minors.

Homicidal Cherry53 said:
We already have a reasonably effective system in place.

Define "reasonably effective."

Homicidal Cherry53 said:
It's simply impractical, unnecessary, and illogical to legislate and criminalize such things when the US is running gigantic budget deficits, our legal system is strained, and our prisons are overcrowded.

Forgetting the implementation for a second, do you at least agree in principle that children shouldn't be playing violent video games, and that individuals who profit from allowing them to do so are acting in a morally dubious way? Just because we can't catch every murderer, that does not therefore mean we shouldn't oppose murder in principle and do what is within our means to deter and/or punish murderers. Why would this law be any different?

------------------------------------------------

Just some food for thought for everyone.
 
stealth toilet said:
Forgetting the implementation for a second, do you at least agree in principle that children shouldn't be playing violent video games, and that individuals who profit from allowing them to do so are acting in a morally dubious way?

that right there is probably the reason why we do not agree with you. Personally I do not think that age = maturity some kids can become more mature than any 21 year old I know and can possibly enjoy violent videogames without these games having effects in their sanity. So no I do not agree with that principle. Because just as Spartan said with his friends, many of my friends and I played violent videogames when we were younger and we are all working members of our society.

I think Cherry put it best though...the ESRB is already an effective system that requires parent permission for children to play M-rated games... It is just unnecessary to spend time and money for a court just because a kid happened to buy a M-rated game. I think you ought to put more trust in the parents of our society not all parents are negligent or ignorant and those who are probably shouldn't even be parents.

But the government is representative of the people, and it is the people's place to determine what is or is not acceptable behaviour in their society, so if the people feel "censorship" (which isn't really what we're talking about, but for argument's sake, ok) of violent video games is in society's best interest, then a democratic political system ought to reflect that. It is the govnerment's place to represent the people, regardless of the issue.

That quite honestly is something I wholeheartedly disagree with... specially because if the government actually censored entertainment or regulated what is acceptable or not in our society.. I'd probably be in jail for hugging my boyfriend in public or something of the sort because that's what the majority of society would do and government would have to follow through what the majority believes is not acceptable...

I do have to ask where your opinion originates from. What is the background of the beliefs that government should censor and government should tell parents what to do? I just am having a hard time understanding why you think that way. I mean If i were an artist the worst thing that anyone could do to me would be to censor my work or my writing... Or as a parent I would not like the government to tell me that my child who has a brilliant mind cannot enjoy a Castlevania game with me because it is M-rated.

I gotta stick with cherry's argument because I feel it is rock solid... and I do not think any of us can come up with anything more than that...
 
stealth toilet said:
This is a fallacious argument. Just because there are other issues to be dealt with in addition to this one, that does not therefore mean this one should not be dealt with.

I think a slightly better argument would be that there isn't really any concrete evidence that shows that violent video games actually make children violent. It might desensitize, but I think that's a slightly different matter. Sure, it should be dealt with eventually, but it shouldn't have reached the supreme court.

But the government is representative of the people, and it is the people's place to determine what is or is not acceptable behaviour in their society, so if the people feel "censorship" (which isn't really what we're talking about, but for argument's sake, ok) of violent video games is in society's best interest, then a democratic political system ought to reflect that. It is the govnerment's place to represent the people, regardless of the issue.

True, but it should represent a majority as well. As far as I can tell, the majority doesn't want this to pass. I wish someone took a poll because I'm pretty sure there aren't that many parents who are very vocal, just a minority. Heck, some probably aren't even aware of this case. Although, if there was a poll, then maybe parents will just go with the flow and say they're against violent video games. Hmmm....

So what's the harm in making a public precedent of what is already a generally accepted one?

It costs money that a state doesn't really have. That's a whole other issue, but overall, spending money to bring "criminals" to justice is not necessary when we there is a system that is effective. From personally seeing the process for filing for a rating, the ESRB is no joke. I say it works. I was at a GameStop the other day and the clerk told a father that God of War had nudity and lots of violence. The father denied the purchase for his son. I don't think there needs to be further intervention from the government.

Possibly, but do you really believe that's probable? What are you basing that assumption on? Another possibility is that the fines collected from pursuing these law breakers would provide much needed cash flow into the justice system, and would also deter a number of would be offenders from selling violence to minors.

It can go either way, but considering the economy right now, it's a risk the government shouldn't take.


Forgetting the implementation for a second, do you at least agree in principle that children shouldn't be playing violent video games, and that individuals who profit from allowing them to do so are acting in a morally dubious way? Just because we can't catch every murderer, that does not therefore mean we shouldn't oppose murder in principle and do what is within our means to deter and/or punish murderers. Why would this law be any different?

I personally feel it depends on the child's mental state/maturity. Like I mentioned before there isn't concrete evidence that states there is a high probability of children becoming violent. I think if they're able to discern what's real and what isn't I can determine if they'll be okay with violent video games.
 
stealth toilet said:
But the government is representative of the people, and it is the people's place to determine what is or is not acceptable behaviour in their society, so if the people feel "censorship" (which isn't really what we're talking about, but for argument's sake, ok) of violent video games is in society's best interest, then a democratic political system ought to reflect that. It is the govnerment's place to represent the people, regardless of the issue.
Not to turn this thread into a civics class, but is it government's place to simply mirror the will of the people? Clearly we're living in a representative democracy, but it is sometimes the job of the government to protect the people from themselves. The will of the people cannot always be trusted and should be disregarded entirely in certain situations. There's a reason the US has a constitution that is incredibly difficult to amend and that is to shield it from the will of the people, a will that can be extremely shortsighted and uninformed. Certain rights should not be infringed upon, regardless of the will of the people and that is what we are dealing with in this case. It's a matter of first amendment rights for these kids (and to a lesser extent the artists too) and, regardless of the will of the people, these rights should not be infringed upon. I really can't say it much better than they did in the actual briefing: "Protecting children "does not include a free-floating power to restrict the ideas to which children may be exposed." Government has no right to unilaterally filter what ideas children are exposed to, and that is what we are dealing with here.

stealth toilet said:
So what's the harm in making a public precedent of what is already a generally accepted one?
The way I see it, there are two issues with legislating something such as this, and I have mentioned both previously so I'll try to be brief here. The first is that the government is not justified in legislating on this issue. It is beyond the scope of their powers and infringes upon constitutional rights. The second is the issue of practicality. It is unnecessary and impractical to drag the legal system into this area. The legal system is not needed to prevent children from playing violent video games and it is a waste of limited resources that could be used more efficiently.

stealth toilet said:
Possibly, but do you really believe that's probable? What are you basing that assumption on? Another possibility is that the fines collected from pursuing these law breakers would provide much needed cash flow into the justice system, and would also deter a number of would be offenders from selling violence to minors.
I honestly don't know how probable it is. I have to concede here that I really don't know enough about the legal system to say how much money and resources would go into trying these people, but in general, I don't think of the legal system as something that turns a profit. As I understand it, fines don't generally outweigh the costs of trying the person in the first place. I can't say for sure, but I feel like the fines would have to be pretty outlandishly high to gain money for the legal system. Beyond just money, however, only so many cases can get a full trial every year. Why waste the systems very limited time on something so frivolous and unnecessary? It just isn't worth it. Our legal system should be focusing on more important things, things that are no already being very effectively taken care of.

stealth toilet said:
Define "reasonably effective."
The ESRB, a system that is going to prevent children from getting their hands on M-rated games the vast majority of the time. I'm sure some slip through the cracks, but in most cases, the ESRB is more than enough to stop kids from buying an M-rated game without parental permission.

stealth toilet said:
Forgetting the implementation for a second, do you at least agree in principle that children shouldn't be playing violent video games, and that individuals who profit from allowing them to do so are acting in a morally dubious way? Just because we can't catch every murderer, that does not therefore mean we shouldn't oppose murder in principle and do what is within our means to deter and/or punish murderers. Why would this law be any different?
I agree in principal that it is detrimental for some kids to play violent video games. I can't agree that it is universally or even generally detrimental for children to play video games (if there were data to support violent video games being detrimental to children, I would agree with you in general, but no such data exists, as of now). Nor do I think that someone who sells a violent video game to a minor is doing something so terrible. Certainly not terrible enough to criminalize it. In many cases, people who sell games to minors are risking their jobs. Adding some kind of criminal punishment to unemployment is completely out of proportion given the crime.
 
I don't have a problem with kids needing parental consent to rent er buy a game or to see a movie. some parents will be too strict or too lax, and when the kid turns 18 they can buy or see or watch whatever they wish. and with parental consent they can do any of it at an earlier age.
 
Homicidal Cherry53 said:
Not to turn this thread into a civics class, but is it government's place to simply mirror the will of the people? Clearly we're living in a representative democracy, but it is sometimes the job of the government to protect the people from themselves. The will of the people cannot always be trusted and should be disregarded entirely in certain situations. There's a reason the US has a constitution that is incredibly difficult to amend and that is to shield it from the will of the people, a will that can be extremely shortsighted and uninformed. Certain rights should not be infringed upon, regardless of the will of the people and that is what we are dealing with in this case. It's a matter of first amendment rights for these kids (and to a lesser extent the artists too) and, regardless of the will of the people, these rights should not be infringed upon. I really can't say it much better than they did in the actual briefing: "Protecting children "does not include a free-floating power to restrict the ideas to which children may be exposed." Government has no right to unilaterally filter what ideas children are exposed to, and that is what we are dealing with here.

Bravo! That was stated incredibly well, Cherry!
 
I'm not going to respond to everything because it seems like that would take an extraordinarily long amount of time, even more than I am willing to spend, which is saying something. But I have seen a few trending notions repeat themselves that I do want to address directly, because I think they're important, and also worth thinking about some more. I also think they're wrong, and need to be called out for it. I'm sorry, there was no nice way of saying that, but I'll lay out my reasons why I think they're wrong and let people judge for themselves if I'm making sense or if I'm pretentious and full of it. :lol

I do have to ask where your opinion originates from. What is the background of the beliefs that government should censor and government should tell parents what to do? I just am having a hard time understanding why you think that way.

The opinion I have put forth is the only truly justifiable democratic one I have seen in this thread thus far. You're making a distinction between the government and parents, but in a democracy the parents are the government. Not personally, necessarily, but they voted for the people who do personally make up the government, and even if they didn't, they have acknowledged their duty as democratic citizens to challenge that government via societally acceptable means of doing so, namely not voting for that government's party in the next election and persuading other people to do the same. That's democracy. All this "government vs. the people" nonsense is a false dichotomy; the government is the people, and if you don't believe that, then you're beef is not about violent videogames being sold to minors, it's about much deeper issues with the political system in which you live. And that's fine, I think if that is the case you are on to something, but in the meantime it makes it very difficult to talk about violent videogame criminality when you keep mentioning this abstract, du Toqueville-ian notion of "government as dictatorship" in a democracy.

Personally I do not think that age = maturity some kids can become more mature than any 21 year old I know and can possibly enjoy violent videogames without these games having effects in their sanity. So no I do not agree with that principle. Because just as Spartan said with his friends, many of my friends and I played violent videogames when we were younger and we are all working members of our society.

Two things: 1) doesn't "enjoying violence," in videogames or otherwise, already point to something deeply wrong with the psychological/social/cultural makeup of a person/society/culture? Think about that, enjoying violence. On what ethical grounds can you defend that? Seriously, I'm curious, because I'm drawing a blank. Violence = bad is pretty much an absolute, maybe somewhat gray in the most extreme cases, but it should certainly never be enjoyed, because whomever is the recipient of that violence would undoubtedly speak to the complete horror of such a thing.
2) If many of your friends smoke and don't die of lung cancer, I hope you do not think that is reason to believe that you won't get lung cancer from smoking either.


True, but it should represent a majority as well. As far as I can tell, the majority doesn't want this to pass. I wish someone took a poll because I'm pretty sure there aren't that many parents who are very vocal, just a minority. Heck, some probably aren't even aware of this case. Although, if there was a poll, then maybe parents will just go with the flow and say they're against violent video games. Hmmm....

I take it back, the whole "I'm the only one speaking democratically" thing, because this is pretty on message as far as the whole democracy thing goes. But this is why I keep asking you guys to forget all the jargon and interests and implications for a second, and just ask yourselves: would you encourage a child to spend 2-3 hours a day shooting people in Black Ops? I think most people would agree that they would not, that in principle doing such a thing would be bad, and so if this is already part of the social contract between people, what's the harm in writing it down? And as for the people who would actually encourage children to play Black Ops for 2-3 hours a day, they must have some kind of mental deficiency or harmful self-interest motivating that belief, and the public harm they could potentially do really is criminal.

It costs money that a state doesn't really have.

But can you afford not to? No one is saying this will be easy or cheap, but let us remember JFK's remarks about challenges that seem difficult: "We choose to go to the moon in this decade and do other things, not because they are easy, but because they are hard." The issue is not "can we?" but "should we?", and if the answer to the latter is "yes," then the former becomes a question of how, not if.

Clearly we're living in a representative democracy, but it is sometimes the job of the government to protect the people from themselves.

I think this is the issue that is underpinning the whole discussion. I say we do turn this into a civics class, because that's really what we're talking about here. What is the role of government? What is the role of an individual citizen? What is the social contract between government and the people who are governed? Politics, basically, distribution of power, balance and checks, & c.

When, how, and if the government should protect people from themselves, so to speak, is what we're all dancing around. What I basically said at the beginning was that I believe violent videogames is an issue where the government should protect people from themselves by criminalizing the sale of violent videogames to children, if indeed the people really are clamoring for the right to do so.

"Protecting children "does not include a free-floating power to restrict the ideas to which children may be exposed." Government has no right to unilaterally filter what ideas children are exposed to, and that is what we are dealing with here.

I would rather elected representatives of the government wield this power than the private sector. The ideas to which children are exposed are already restricted, the question is who should be restricting it? Television networks? Electronic Arts? Gamestop? Or authorities who attain their positions of power through free elections?

But this is also not just about "restriction," this isn't a "negative liberty" (keeping someone from harm) issue, it's a positive liberty (empowering citizens) one. If parents won't ensure that their children are not restricted to the ideas presented to them in violent videogames, then they really are harming them. We're not talking about a restriction on ideas to which children may be exposed, we're talking about providing some assurance that children won't be restricted to ideas in certain types of videogames, ideas that are pretty indefensible ones to purport or ingest at any stage of life. Entertainment value is not a justification.

It is beyond the scope of their powers and infringes upon constitutional rights

Debatable. The constitution is a living document, it is constantly interpreted and re-interpreted. Whether or not the first amendment protecting freedom of expression extends to the virtual mass-murder of tens of thousands of people is highly contentious. We're not talking about words anymore, we're talking about hyper-intense, ineractive, sensory output, virtual realities here. BIG difference.

I'm sure some slip through the cracks, but in most cases, the ESRB is more than enough to stop kids from buying an M-rated game without parental permission.

Again, this is based on what, exactly? Are there statistics (not that statistics are all that persuasive) demonstrating this? Who keeps tabs on the ESRB? Whose evaluation of them and their "effectiveness" can we trust?

I can't agree that it is universally or even generally detrimental for children to play [violent] video games.

This is a mindset that simply needs to be corrected. The argument that goes "we can't prove it's doing a specific kind of harm" does not make a thing beneficial. At most we can all agree that violence in videogames is not bad. I think we'd be very hard pressed to find anyone who would make a compelling case that it is actually good. Victims of actual violence would certainly not see the possible benignity of violent videogames as a justification for them. Unless someone can make a persuasive argument that violent videogames actually provide some sort of public good, then they should almost be illegal to make, let alone sold, let alone sold to adults who intend to give them to children.

-------------------------------

I sort of drew a line in the sand there, and I'm pretty sure I came off as really confrontational, which was not my intention. I am passionate about this topic for a number of reasons, none of them particularly personal, just as the culmination of a number of ethical standards and sound reasoning I've developed over time (and have much developing yet to do), so that may have resulted in this post being relatively blunt. I don't think anyone's response has been dumb or irrational or anything like that. They're all good arguments, many of them attractive, even intriguing and if fleshed out a bit more, potentially persuasive. But I will be very surprised indeed if I hear a new argument on this topic that I have not heard elsewhere and already considered and discarded because of some fallacious point or unjustified position, a few of which I have attempted to point out here. I'm not saying I'm right and everyone else is wrong, but I am hoping to demonstrate that if I am wrong and others who have rebuked my claims are right, then it cannot be for the reasons they have provided, because those are not sound arguments. I submit now that almost all of them, if explained more, or approached differently, could absolutely trump everything I have said thus far, and I would not begrudge that being the case.

In sum, I'm not saying you are wrong to think what you do, but if you want to justify those thoughts you are going to have to rectify them with the points I have just put forward, or dismantle my points, for them to be right. So I encourage you all to do so.

If you have the time... :D
 
Quite honestly that was pretty discouraging... it just feels that this is no longer a debate because neither side is willing to doubt their argument... honestly my objective here was mostly to be able to understand where you are coming from as well as letting you know why I think the way I think...but alas I got my answer and now here are my conclusions regarding this topic
But I will be very surprised indeed if I hear a new argument on this topic that I have not heard elsewhere and already considered and discarded because of some fallacious point or unjustified position, a few of which I have attempted to point out here.

This sentence just makes me feel that no matter what we do you will not change your view because as you have said you are very passionate about this subject... and visversa we really don't think that your point is valid. Your way of backing it up is illogical to us.

the last argument I will make is that this is just a big big cultural difference of values that neither you nor I can control. I am an interpreting student my job is not only to translate one language to another but also to understand the cultural differences of each community. In some communities it is OK to spank a child when they misbehave, in others it is viewed as wrong. And this is the case here... for you it seems that enjoying violent videogames is wrong, but for us it is just what it is. In fact violence is part of human instinct and releasing those instincts in a virtual reality world instead of exploding in real life is probably more beneficial.

oh and for the record... I don't smoke nor drink because it has been proven smoking does cause cancer and it is a fact of life... so that sort of insulting example would not really match this argument since it has not been factually proven that violent videogames actually cause damage.

Honestly I felt this thread was going to end up along the lines of "oh so that's why in America this didn't pass however I am sure that if that vote happened here in Canada it would not pass" and that would have been a conclusion I would be happy with but that is just too much positive thinking....

But yeah all in all I do not agree with any of your points, and while it makes a lot of sense why you think the way you do, and you have made sound arguments, they don't really apply to this situation very well because the way our society thinks is different from your own, and I know this because I have experienced that huge cultural difference first hand.

However this debate has actually sparked my interest in getting some statistics regarding other countries that have faced this sort of "violent videogame dilemma" the way it was handled in Venezuela was far worse than it was here. The president Hugo Chavez believed that outright banning of M rated games would lessen the crime rate of Venezuela (which it is about 3 times worse than that of Texas) and of course the crime rate has not changed ever since the law was passed over there, so his argument was really non-consequential, there was no connection to videogames and the crime rate there.

Regarding the enjoyment of violent videogames though.... Not all humans evolve the same as others, what I might find enjoyable does not necessarily mean you will. The final words I can leave with is, Just because you believe something is unethical or not supposed to be enjoyed, how are you better than the government telling me what I can and cannot enjoy.
 
Hrm. Yeah, I thought about deleting that sentence, and I probably should have. It smacks of a supreme arrogance that I think belies my actual position and also makes my whole argument really unpersuasive. I would be willing to pretend I never said that if you are, and good on you for calling that out. You're all making me think very hard about my position, and whether or not it is reasonable and justifiable, so yeah, that's my bad.

For example, I think Cherry's point about civics and politics is intriguing. I think there's wiggle room in that for me to develop some greater understanding and perhaps come around, so to speak. Like I said before, this is more about what a democracy is and/or should be. It's the politics surrounding the situation that are complex and might shed new light on the issue. I am not as familiar with the American judicial system and government as I should be, that is true, so on that my ignorance may indeed require a civics class.

this is just a big big cultural difference of values that neither you nor I can control.

Ok, this is actually an argument I've encountered before numerous times, used to believe quite fervently myself for a time, but came to realize that it is, indeed, a fallacy. Reasonable people can disagree about some things, certainly, but there are limits to this relativistic attitude. Two things cannot be true and contradictory at the same time, that is a fallacy. If I think violence is bad and you think violence is good then one of us is wrong. These are loaded statements, and our cultural differences may make it difficult to make sure that when we say "violence" we mean the same thing (ex. is spanking a child "violent" or not), because I don't know if any parents of any culture that would ever willingly perform violence on their children, though what they understand to be violence may depend on understanding a whole semiotic system of surrounding context (the most extreme example, human sacrifice say, is a sticking point for cultural relativists. Not to mention the Nazis who argued the same thing, but those are extreme cases and we don't need to discuss why they don't really apply here).

In any event, saying "it's my opinion" or part of one's culture is not a justification for that opinion/culture. Opinions can be wrong, ill-formed, unreasonable, irrational, and so forth. When a difference of opinion occurs you have to look at the reasons for that difference and evaluate them that way, not resort to relativist notions of contradictory truths, which Socrates pretty much demonstrated were insupportable. Some opinions are better than others, and whether we like it or not, some cultures are better than others too.

I, too, have learned other languages (not completely, admittedly), experiend the Worf-Sapir hypothesis, been to other countries, studied anthro, socio, world literature, even focused on people of the near and far East (another false dichotomy), and have encountered the "it's all relative" defence many times. Again, reasonable people can disagree, which is why I took the time to state I don't think anyone here is unreasonable, but a culture gap is not a reason for advocating the enjoyment of violence. If that is indeed a cultural product, then the culture is unreasonable.

Unless it can produce compelling reasons for the sustained enjoyment of violence in children, which is possible (maybe), but good luck.

The president Hugo Chavez believed that outright banning of M rated games would lessen the crime rate of Venezuela (which it is about 3 times worse than that of Texas) and of course the crime rate has not changed ever since the law was passed over there, so his argument was really non-consequential, there was no connection to videogames and the crime rate there.

Just because there hasn't been an observable difference yet does not mean there was no difference, good or bad. It could be that taking away violent videogames has prevented a rise in crime. It could be that taking away violent videogames helped maintain the current crime level when it would have otherwise dropped. It could also be that crime is really complex and that no one action or policy will have any immediately noticable effect on crime by itself. I'm not defending Chavez, but what he did might take an entire generation for any difference to be observed, and we might have to wait for these young, impressionable kids who are not hooked up to murder simulators to become adults to see any change.

But again, this isn't about reducing crime or keeping people from becoming more violent or anything like that, it's about making a conscious decision to act on the accepted understanding that violence is bad, and there should be less of it, even if there are no changes to levels of violence in the real world we can still do something about the country's youth wasting their childhood in virtual holocausts (wow do I ever sound old and crotchedy). We can reasonably disagree on what violence is, or how this law should be implemented, or how harsh the penalties should be, or what is the proper role of government and how should they decide these things, that's fine, I can get on board with that. But anyone who thinks enjoying violence is not a net negative in terms of its social value, moral fortitude, and cultural milieu, must have some darn good reasons for thinking so, because victims of violence, those who have experienced it first hand and have to live with its consequences, are the evidence such a position has to contend with.

And that's a big uphill battle. Not that it's not one worth fighting for, forgive the pun, but it's tough to argue for violence, in any form.

what I might find enjoyable does not necessarily mean you will

But we still have to make judgments about what is acceptable behaviour and what isn't. I might really like stealing, but that is not a good enough reason for me to steal from someone. I might really enjoy spending time virtually shooting other people, but that in itself is not a good enough reason for me to allow children to do the same.

how are you better than the government telling me what I can and cannot enjoy.

I'm not. What I'm hoping is that my arguments will be persuasive enough to affect the next election in such a way as to end up with a new government and new supreme court judges and a new look at this issue. :lol

It's a long shot, I know, but hey, at least the intellectual discussion is a lot of fun, right? :D
 
Hey Stealth, quit being a bully. Your high IQ is hurting us all. We love ya, but lay off these poor guys for stating a solid opinion.

If you wanna fight, I'll take you on like I take on a 300lb 6'5" man with my bare hands back in Alaska.
 
Personally, all debate aside, I think the whole issue is rather moot. Someone (too lazy to look) pointed out that, in America at least, it is nigh impossible to buy an M-rated game if you are underage. ALL major retailers follow the ESRB guidelines, and the penalties are pretty harsh (as someone who sells video games everyday, I can tell you that I would not want to be caught selling an M-rated game to a minor). These same retailers, in fact, refuse to carry AO rated games at all. Thus, if the system regulates itself in the EXACT way that this law proposes, then it is a waste of time to debate it. For the vast majority of people, this would create no change (again, large companies follow these guidelines already). If your debate has swayed my opinion in any way, it would be to elect people who aren't wasting time trying to accomplish goals the private sector has already accomplished (for many years, in fact).
 
SpartanEvolved said:
Personally, all debate aside, I think the whole issue is rather moot. Someone (too lazy to look) pointed out that, in America at least, it is nigh impossible to buy an M-rated game if you are underage. ALL major retailers follow the ESRB guidelines, and the penalties are pretty harsh (as someone who sells video games everyday, I can tell you that I would not want to be caught selling an M-rated game to a minor). These same retailers, in fact, refuse to carry AO rated games at all. Thus, if the system regulates itself in the EXACT way that this law proposes, then it is a waste of time to debate it. For the vast majority of people, this would create no change (again, large companies follow these guidelines already). If your debate has swayed my opinion in any way, it would be to elect people who aren't wasting time trying to accomplish goals the private sector has already accomplished (for many years, in fact).

Amen.
 
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