Andrew Malcolm (L.A. Times blogger; covers Ron Paul) on the SCOTUS Video Game decision

Cowlesy

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Now before you screech and go "L.A. Times?????," Andrew Malcolm is one of the few writers that gives Ron Paul fair coverage.

I think he has an interesting perspective on this, especially when it comes point about the help big government gives every special interest group under the sun.

What say you?

No need to be nasty. He may very well read the posts here (you never know).

http://latimesblogs.latimes.com/washington/2011/06/supreme-court-violent-video-games.html

Posting a portion here, and you can read the conclusion...

We'll be right up front about it. Horror movies have never held any appeal, perhaps because in our early days, like radio, they left so much more to viewers' imaginations than today's 3-D, multicolor graphic dismemberments, eruptions and explosions.

On one hand, the Supreme Court's Monday ruling blowing up California's law prohibiting the sale of violent video games to those under 18 makes perfectly consistent free speech sense. And fits with the ongoing strongly free speech standards of the Roberts court.

As a member of the media, whose lifeblood is freedom of speech, we cherish the ability to express, encourage discussion and, in this era of hyper-partisanship, sometimes offend segments. Hopefully.

In a previous life as a news reporter striving to cover the sometimes harsh, even brutal and crude reality of a world we were assigned to accurately depict, we often clashed with the granny rules of print newsrooms where well-meaning, usually elderly editors in air-conditioned offices could....

...rule on what words, phrases or images might offend delicate reader sensibilities at their next breakfast -- be it street or war gore, crude language or a graphic photo. The safest decision, of course, was not to go there, as we learned later as an editor.
With colleagues we pushed the envelope at times, concocting ridiculous euphemisms (one favorite was 'eight-letter barnyard epithet' to circumvent the profession's self-imposed restrictions on what a famous defendant kept yelling in a courtroom).
We argued that by seeking to protect readers from a sometimes disturbing or repugnant reality we were unintentionally distorting the true reality we had vowed to publish. In fact, that distorting dismay erupted right in this space after last winter's awful Tucson shootings when a photograph of the crime scene including a covered, unidentified fatality was removed because one ancillary editor said he felt offended.These are not easy decisions. They shouldn't be. Nor, despite the 7-2 vote, does it appear to have been easy for the Supreme Court.

Writing for the majority, Justice Antonin Scalia said, "No doubt a state possesses legitimate power to protect children from harm, but that does not include a free-floating power to restrict the ideas to which children may be exposed."

In his dissent, Justice Stephen Breyer, one of the court's more liberal members, argued in favor of California's restrictions, signed in 2005 but never enforced.

"What sense," Breyer asked, "does it make to forbid selling to a 13-year-old boy a magazine with an image of a nude woman, while protecting the sale to that 13-year-old of an interactive video game in which he actively, but virtually, binds and gags the woman, then tortures and kills her?"

at the link here....
 
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"What sense," Breyer asked, "does it make to forbid selling to a 13-year-old boy a magazine with an image of a nude woman, while protecting the sale to that 13-year-old of an interactive video game in which he actively, but virtually, binds and gags the woman, then tortures and kills her?"

That's kind of along the lines of what I was thinking. How can a law forbidding the sale of pornography to minors be Constitutional if a law forbidding the sale of violence to minors is unconstitutional?
 
Well, in a sense I think the state (not the federal government) can protect minors so this didn't bother me too much as a law so long as the parents can buy the game and give it to the kid if they approve it. However, the comment (singular at the moment) to Malcolms article shows why it is a problem for the state to be involved with this. That person is very opinionated on what your child can watch, and wants to use HIS views to select that. And it isn't his business.
 
"What sense," Breyer asked, "does it make to forbid selling to a 13-year-old boy a magazine with an image of a nude woman, while protecting the sale to that 13-year-old of an interactive video game in which he actively, but virtually, binds and gags the woman, then tortures and kills her?"

That's kind of along the lines of what I was thinking. How can a law forbidding the sale of pornography to minors be Constitutional if a law forbidding the sale of violence to minors is unconstitutional?
Answer: neither are constitutional.
 
However, the comment (singular at the moment) to Malcolms article shows why it is a problem for the state to be involved with this. That person is very opinionated on what your child can watch, and wants to use HIS views to select that. And it isn't his business.

You mean like in that video where Rep. Weiner was arguing for govt's role in setting decency standards vs. Rep. Paul who was arguing it wasn't the governments role?
Funny stuff that in hindsight.
 
I guess I just looked at it is the SCOTUS in Washington DC overruling the voters in California as to their preferences of what their children can do.

I'm kind of split on it, because I hate any attempt at chilling speech, but at the same time, this wasn't anyone saying you can't make violent video games or buying video games (other than minors), but voters (parents) voting on what their kids are allowed to independently buy. Certainly if a parent objected, they could spend their time to go buy the game for their kid. As an aside, this law was never enforced.

I am sure Stefan Molyneux's crew will take great exception to that. :P
 
I guess I just looked at it is the SCOTUS in Washington DC overruling the voters in California as to their preferences of what their children can do.

yeah, my interpretation is the SC will use any possible ruling/maneuver to ursurp power from the states, both for good reasons and bad; power is power.
 
That was an inane law that just cost California taxpayers a couple million in legal fees.
There have been a couple dozen attempts by politicians to get laws like this passed &
each and every time it's been overturned in the courts & then they would have to pay
the court costs to the video game lawyers. Also, if this law would have passed it would
have killed a ton of high-paying video game jobs in California which last time I checked
needs as many jobs as possible. The average video gamer is around 36 years old.

Another thing that bugs me about this law is that it's completely unnecessary. Every
game console, blu-ray player, satellite & cable box, & HDTV has some form of parental
controls built into them. It wouldn't matter if little Bobby managed to buy a mature
video game from the store or borrowed it from a friend, If you're a responsible parent
you would have spent a minute activating the parental controls limiting what kinds of
games or movies your kid could play or watch. The video game industry also has its
own ratings system which are clearly posted on each game.
 
You mean like in that video where Rep. Weiner was arguing for govt's role in setting decency standards vs. Rep. Paul who was arguing it wasn't the governments role?
Funny stuff that in hindsight.

LOL!

Yes, that is funny. I didn't remember that.
 
I guess I just looked at it is the SCOTUS in Washington DC overruling the voters in California as to their preferences of what their children can do.

I'm kind of split on it, because I hate any attempt at chilling speech, but at the same time, this wasn't anyone saying you can't make violent video games or buying video games (other than minors), but voters (parents) voting on what their kids are allowed to independently buy. Certainly if a parent objected, they could spend their time to go buy the game for their kid. As an aside, this law was never enforced.

I am sure Stefan Molyneux's crew will take great exception to that. :P

Are you sure this was voted on by voters, not passed by California's absolutely unresponsive legislature? Because I would agree in that case, but I don't remember ever voting on such nonsense, and would have voted against it.
 
Are you sure this was voted on by voters, not passed by California's absolutely unresponsive legislature? Because I would agree in that case, but I don't remember ever voting on such nonsense, and would have voted against it.

That's a great question. I am actually not sure.
 
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