It was an action no one would be fool-hardy enough to ever try to do with books. Becuase, well, books are old and fancy and respected and stuff. Old people remember when they used to read them, especially the paper kind. Way before anything fancy like "interactivity.""This country has no tradition of specially restricting children’s access to depictions of violence. And California’s claim that "interactive" video games present special problems, in that the player participates in the violent action on screen and determines its outcome, is unpersuasive."
This ruling is the right one and I give hearty "boos" to Justices Thomas and Breyer for their dissent. There is no room, in my opinion, for dissent on this issue. It's cut and dried First Amendment stuff. "Congress shall make no law ..." No law. Not "sometimes might wanna make," or "could make" or "in special cases may make." No law. Period.
These types of cases provide plenty of potential for bad outcomes. A ruling against the video game industry pretty much forever relegates it as a second class citizen. At least until its so accepted as a medium that the point is moot and the court finally reverses path. Thankfully, that didn't happen here. Look, for instance, at TV, where swear words subject networks to fines, but not cable shows. All because networks are "free" to access. As if the First Amendment is phrased "Congress shall make no law limiting speech unless its readily available speech." Meanwhile, society picks away at the restriction bit by bit until its pointless, until "F" bombs are eventually allowed, so long as they don't reference the implied physical act.
But secondly, this is the type of ruling that, if it goes the other way, eventually ends up impacting all manner of things. If interactivity is the turning point, then "choose your own adventure" books eventually looped into the ruling. If not them - a childhood staple of mine, I realize they aren't tremendously popular now, then Dungeons and Dragons games. "The kids can create and commit violent acts against zombies, which in their imaginations look like people! Not to mention skeleton, which potentially WERE people, at one time!"
I'm not entirely against the idea of keeping kids from playing ultra violent video games. But I think the right way to go about it is to have parents police the games, and to a larger (and more important) extent to explain to kids that this is what you do in games, not in real life.
I won't be against my kids knowing or using curse words. I don't find it that corrupting. Most everyone I know is aware of curse words, and I can't find a correlation between the knowledge of them - or even their use - and the idiots I know. So I won't care if my kids use the words - so long as they use them in the right instances. You don't use them to your parents, or your grandparents, or in social settings, or especially in formal settings. But if you hit your thumb with a hammer, you have carte blanche just that one time to let one rip. I hope that level of permissiveness takes away the "shock" value of the word.
Being that I live in a bubble, I didn't hear about this until the ruling, but I'm glad with the results.
ReplyDeleteAs for the swearing..I only swear around children and our parents for the most part. I normally use things like "Biscuits!" and "Cookie Cutter!" I'm not sure what that says, but I think it's because I'm not supposed to curse, so I do :)