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Sunday, July 09, 2006

Violent Games = First Amendment Protection?

I recently read a article in a gaming magazine that discussed the possibility of regulating "violent" video games in order to prevent exposure of such acts to wrongfully influence young teenage minds. Grant Theft Auto was explicitly targeted due to its violent and sexual content where players would be rewarded with cash for various illegal and immoral actions: a frequently cited example is a player carjacking a car, picking up a prostitute, having "sex" (restores health up to 125%), killing her, and then stealing her money.

The First Amendment protects the freedom of speech in most forms unless it falls within a few of the specific exceptions such as being considered obscene. The Lion & Lamb Project filed an Amicus brief citing that extreme violence is a form of obscenity and like sexual obscenity, it should not be marketed to children A three prong test must be satisfied for something to be considered obscene and therefore unprotected speech under the First Amendment:

1) The material must appeal to the prurient interest.
2) The material must be patently offensive under the law prohibiting obscenity.
3) Taken as a whole, the material must lack serious redeeming artistic, literary, political or scientific value.

The U.S. Court of Appeals for the Eighth Circuit struck down a ordinance that attempted to regulate video games based on their content stating "depictions of violence cannot fall within the legal definition of obscenity for either minors or adults."

If violent games were actually regulated with the same intensity as pornography, it would be shocking for a young child to have either obtain permission or secretly sneak into a back room of Best Buy or Fry's Electronics in order to purchase a fictional "violent" game. The main objective of playing games is to pass time as a form of entertainment, but more importantly to develop phenomenal hand eye coordination for those future professionals that would utilize this essential forte. (brain surgeons, dentists, and pretty much anyone that types on a keyboard =P'')

There is very minimal proof of any type of correlation between increases in aggressive behavior among adolescents that play these games. If that were the case, numerous television shows/movies would have to be even more heavily censored, clearly restricting and undermining First Amendment protections.

Frivolous lawsuit abound... parents trying to blame corporate America for not raising their own children correctly and supervising their wrongful actions. Blame everyone but yourself =P

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