blog




  • Essay / Government regulation of violence in video games is...

    « Breaking news tonight at 11 p.m., three students dead, several injured after manic-depressive teen goes on a rampage with a gun fist…” Americans have witnessed this frightening but familiar situation over the past few decades. occurrence. The cause of this familiar scene is minors suffering from social unrest and aggression. The main point of blame is the entertainment industry, including television, film, books and, more recently, video games. The state of California has decided to address concerns about violence in video games by passing a law prohibiting minors from purchasing games considered "violent." However, the law is unconstitutional and unnecessary. The law is simple: any game in which humanoid characters are mutilated, killed or tortured is considered violent. Labels clearly stating 18 must be placed on all games falling within this definition. The law requires anyone purchasing a game in this category to provide proof of age. Additionally, retailers must obtain proof of age before selling the game, or face fines. The purpose of the law is to protect minors from games containing violence. Unfortunately, California law ignores the Constitution. The First Amendment covers the right of minors to obtain video games, because these games enjoy the same protections afforded to other forms of protected expression. Carmen Hoyme (2004), notes in the First Amendment Law Review that because video games share properties that other forms of protected media possess, the same protections are extended to video games and restrictions affecting the Minors' access is permitted because of the incentive (pp. 318-385). Holning Lau (2007), writing in the Harvard Civil Rights-Civil Liberties Law Review, explains that minors have the right to obtain expression protected by the first A...... middle of paper ..... . Free Speech and Interactive Media: Video Games and the First Amendment. University of North Carolina School of Law, First Amendment Law Review, 2(377), 377-402. Accessed September 22, 2014www.lexis.comLau, H. (2007). Pluralism: a principle for children's rights. Harvard Civil Rights-Civil Liberties Law Review, 42(317), 317-372. Accessed September 22, 2014www.lexis.comO'Holleran, J. (2010). Student Note: Blood Code: The History and Future of Video Game Censorship. Journal of Telecommunications and High Technology Law, 8, 571-612. Accessed September 22, 2014www.lexis.comWood, R. (2009). Violent Video Games: More Ink Spilled Than Blood - An Analysis of the 9th Circuit's Decision in the Video Software Retailers Association Against Schwarzenegger. Texas Journal of Entertainment and Sports Law, 10, 103-121. Accessed September 22, 2014 www.lexis.com