Saturday, February 8, 2014

Case 2- Are Video Games Free Speech?

This case started out with some history about video games and how many of them contain questionable content such as violence and sexual aggressiveness. The video game industry adopted it's own internal rating system, much like movies, rating from "Early Childhood" to "A" adults only.



 Sellers were encouraged not to sell "M" rated violent games to minors without consent from parents. The state of California decided these ratings were not adequate and established a law preventing the sale of violent games to minors.
 
"Violent games were defined as those which gave players the opportunity to kill, main, dismember or sexually assault the image of a human being" (pg 96, Spinello).

This law took effect in 2005 with the reasoning being that graphic and violent video games increase aggressive thoughts and feelings in those who play. This law was quickly challenged in court by Video Software Dealers Association with the reasons being the law violated their First Amendment rights of taking away their creative expression and the definition of violence was too vague. California state argued the health and well-being of child was of more importance.
The case eventually went to Supreme Court where the question of whether or not games are entitled to First Amendment protection  like books and movies are.
In 2011 the Supreme Court ruled that "..video games are no different from protected books, plays, and movies. They took communicate ideas and so qualify for First Amendment protection" (pg. 93, Spinello).

Kayla, James, and Angela agree with the Supreme Courts ruling on this case because we believe that games are just like other forms of speech and have the right to be protected by the First Amendment and the freedom of speech.


The ethical theory of contractarianism, or rights-based analysis, can apply to this case. We have the negative right, meaning "one is free from external interference in one's affairs" (pg 13, Spinello), of free speech. If this right is taken away, that can be considered unmoral. When the state of California put that law in place in 2005, it took away the Freedom of Speech because games communicate ideas just like books and movies. They should be protected the same way because that is what is legally best for all and is not violating anybodies human rights.
Kayla, James, and Angela also do not believe that their is a casual connection between aggressive behavior and violent video games because there's been no real life proof or evidence and what would have caused aggressive behavior in humans before video games if they are the cause?

23 comments:

  1. I agree with Kayla, James and Angela because I feel video games are essentially interactive movies and they should be protected under the same laws.

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    1. I also think that the video games of today are so realistic that they appear as a movie. I think that when video games were merely weak cartoon drawings it was easier to see them as fiction. The video games of today should be help to the same accountability as movie just due to the fact that they actual are "virtual movies"

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  2. Have there been any studies done to see if violent video games cause violent behaviors?

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    1. Studies have shown that children are louder immediately after playing violent video games but that is all no lasting or sever effects according to the what I found.

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    2. I'm sure there have been studies done, but how can you prove that the video game was the only factor that caused violent behavior? You can't really test and measure this because you can't single out video games as the only factor, because different childhoods and emotions in players will cause different reactions to games being played. Like say there is a test to see if a game like Grand Theft Auto causes violent behavior, and there is two test subjects playing. They each get in a car crash in the game while playing, and one of the subjects is fine and continues to play while the other gets very upset. Maybe that individual has got in a car wreck before, or maybe they are just not okay with failure and consider that to be failing. How can you really test that sort of thing?

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  3. Group 2, good job on presenting on "Are Video Games Free Speech?" and bringing in Contractarianism.

    Do you think that, aside from the question of violence, the free speech rights of video game makers can interfere with the rights of women not to be objectified or sexualized by the portrayal of women in video games?

    Do you think all video games are free speech, or are there some games that should not qualify, like if they are obscene or threatening? And who should make such determinations?

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    1. Dr. Gertz, in my opinion it would be hard to determine just who should be in charge of deciding what is considered obscene or threatening. If one group of people were to be appointed another group would probably protest the first groups appointment.
      As for the rights of women to not be objectified or sexualized, I think that if we were to start censoring video games because of that then there would be a lot of other things that would have to be censored for the same reason. We don't censor books because for this reason, so why should video games be subjected to such censorship?

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    2. I agree with Angelas view. If video games were to be censored because of objectifying women, books and movies should be also. I think that the rating system is enough. Also what one person sees as obscene or threatening may not be to another person, so it is hard to say who should determine that.

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  4. I think that the rating system for video games should have been enough. Each person is reasonable for what they do. I think the video games are freedom of speech and the purchasing of it should not of been taken away.

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  5. I too think that video games are a freedom of speech. the labels are clear and rating on them are true. As far as what a person may think is real and ok in the video game is not to fall back the maker of the video games.

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    1. I also agree that the labels should be a clear indicator of what content is going to be displayed in the video game. What you take from it should be processed by your moral rights to decide whether or not those actions are responsible. New natural law backs this up by arguing that your moral rights should have more affect than that of the video game.

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  6. I also agree that the rating system for video games should be enough, the rating system works for both television and movies. Video games are another for of free speech in my opinion as well, movies are much more realistic in my opinion so I find the reasoning that they are too realistic to be invalid.

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