The U.S. Supreme Court hears arguments Tuesday in a California case testing whether states may ban the sale or rental of violent video games to minors.
There is a certain irony in the dispute. California Gov. Arnold Schwarzenegger, who made tens of millions of dollars portraying the Terminator, the Predator and Conan the Barbarian, is asking the Supreme Court to uphold a ban on selling minors similar violent portrayals in video games.
And California is not alone. Such bans have been enacted in eight states. But so far, they’ve all been struck down by the federal courts.
The Supreme Court does not usually review disputes where there is no conflict in the lower courts, so the fact that the justices have agreed to hear this case suggests at least some of them may be ready to reconsider the way the First Amendment applies to depictions of violence, at least when sold to children.
As a gamer myself, I see no reason that consent by parents should not be required in order to rent or buy certain video games. Supposedly minors are not allowed to enter an R rated movie or buy it in store.
I agree. I enjoy some fairly violent games, but I’m a pretty well adjusted adult. I’d NEVER let my young kids play some of the games out there. Many are at least as bad as an R rated film, and should be treated accordingly. I’d not ban the games outright, but forcing parental consent should be a no-brainer.
I will be interested in seeing the ruling on this one. If the case is an argument for free speech, this could be an interesting logical argument. The court has ruled fairly consistently since the 1960’s pornography is somehow free speech by court logic, and yet the ban on child pornography is upheld. Why one is free speech and the other isn’t is still a mystery in my mind. Violent games could fall into either (arbitrary) category.
As much as I disagree with the pornography decision in the first place, I think that in essence the court would be forced to agree that if one is free speech the other is too but it at least recognizes that the child pornography is also a major violation against the well-being of any child involved. Either way, there is still a ban on children looking at it.