California Politician Who Wrote Unconstitutional Anti-Video Game Law Plans To Try Again With New Law

from the and-waste-more-taxpayer-money dept

With the Supreme Court agreeing with every other court (well over a dozen of them) ruling that government attempts to ban the sale of violent video games to children is a First Amendment violation, it appears that the politician who came up with California's law isn't about to give up. State Senator Leland Yee held a press conference, in which he claimed that it was an example of the Court siding with "corporate America" over "our children." Yeah, he pulled out the "but think of the children" line that only desperate politicians use.
"It is simply wrong that the video game industry can be allowed to put their profit margins over the rights of parents and the well-being of children."
Except... that's wrong. Nothing in the ruling has any impact, whatsoever, on the rights of parents. Why would Senator Yee make a statement that is clearly dishonest? The ruling was over the rights of children. Parents still have the same rights they had before. Parents are still able to raise their kids in the same way they did before. There is nothing, whatsoever, in the ruling that limits or changes how a parent can raise their kid. Furthermore, as pointed out over and over again (and actively denied by Senator Yee), there is no evidence that violent video games have any impact on "the well-being" of kids. Senator Yee is pandering to a public by misstating what the research says.

Even worse, it appears he wants to waste more California taxpayer money by going through this whole charade all over again. Yes, that's right, he's indicated that he wants to try again with a new law. Apparently, he has his staff "poring through the opinions to see where we can create a pathway for a successful bill that could withstand a challenge." In other words, more California taxpayer money is going to be spent going through another round of legal challenges.

Is it really that hard for him to understand that he's wasting time and money here? This ruling does not restrict parents. The research has failed to show any causal relationship, and all indications are that the "well-being" of children is not at all harmed by such video games. Why bother trying to go through all of this again over a fantasy?


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  1.  
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    :Lobo Santo (profile), Jun 29th, 2011 @ 11:34am

    Doublethink:

    The ability to hold contradictory beliefs in one's mind and believe them both.

    Senator Yee is obviously a master of doublethink, he no doubt knows how stupid his endeavor is, and yet also knows the huge amount of "good" publicity it generates for him at the tax-payers' expense and believes both are apparently vital.


    I, for one, am glad to have Senators wasting time on laws that will be struck down rather than adding useless new laws or passing laws which restrict my liberties.

     

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  2.  
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    Anonymous Coward, Jun 29th, 2011 @ 11:35am

    Let's reverse the logic here: Can you show any reason why violent videos games are a benefit to children? Can you show any reason that controlling them and making them 18+ would somehow damage a child's development?

    No? Then why object?

     

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  3.  
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    TDR, Jun 29th, 2011 @ 11:38am

    Because it's his final fantasy. :p. Sorry, couldn't resist. I wonder who his campaign contributors are...

     

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  4.  
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    Chronno S. Trigger (profile), Jun 29th, 2011 @ 11:41am

    Re:

    "No? Then why object?"

    Because it's not his or your place to say who can and can't buy art.

     

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  5.  
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    Anonymous Coward, Jun 29th, 2011 @ 11:45am

    Re:

    Are you seriously that stupid?

     

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  6.  
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    Cowardly Anon, Jun 29th, 2011 @ 11:47am

    Re:

    Obviously troll is obvious.

     

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  7.  
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    Jay (profile), Jun 29th, 2011 @ 11:48am

    Re:

     

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  8.  
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    Anonymous Coward, Jun 29th, 2011 @ 11:48am

    Re: Re:

    Playboy magazine is art. Yet it is restricted to over 18. Why?

     

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  9.  
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    Anonymous Coward, Jun 29th, 2011 @ 11:49am

    Re:

    because thats not logic ass hat nice fallacy

     

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  10.  
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    Dark Helmet (profile), Jun 29th, 2011 @ 11:49am

    Re:

    "Because it's his final fantasy. :p. Sorry, couldn't resist. I wonder who his campaign contributors are..."

    Doesn't matter. Yee is crazy. Away with Yee....

     

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  11.  
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    DannyB (profile), Jun 29th, 2011 @ 11:50am

    I've suggested this idea before . . .

    How about this.

    Any legislator who writes a law that is later found to be unconstitutional is automatically removed from office.

    After all, if lawmakers can't be expected to know the law, or even more basically the constitution, then who can?

     

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  12.  
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    Anonymous Coward, Jun 29th, 2011 @ 11:50am

    Here's a law we really need...

    With the Supreme Court agreeing with every other court (well over a dozen of them) ruling that government attempts to ban the sale of violent video games to children is a First Amendment violation, it appears that the politician who came up with California's law isn't about to give up.

    If the US Constitution is the supreme law of the land, then there need to be criminal penalties for those politicians who conspire to violate it. On the civil side, the politicians who voted for such laws should be required to reimburse the taxpayers for the legal costs. That would likely end them voting for all these obviously unconstitutional laws in the first place.

     

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  13.  
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    Anonymous Coward, Jun 29th, 2011 @ 11:54am

    WON'T SOMEBODY PLEASE THINK OF THE CHILDREN

     

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  14.  
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    E. Zachary Knight (profile), Jun 29th, 2011 @ 11:55am

    Re:

    It is the job of the law maker to prove a need for the law, not the other way around. California passed a law they couldn't defend and thus lost. I see nothing wrong with this outcome.

     

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  15.  
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    E. Zachary Knight (profile), Jun 29th, 2011 @ 11:56am

    Re: Re: Re:

    That was actually pointed out by Justice Alito. Why have two contradictory rulings in place?

     

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  16.  
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    DannyB (profile), Jun 29th, 2011 @ 11:56am

    Re:

    > No? Then why object?

    Then where do you draw the line?

    Where is the line of acceptable and unacceptable violence? I've seen saturday morning cartoons from the fifties that were violent. Should those count?

    Who now is the 'decider' of what content is acceptable?

    Think of the children!

    Why stop with video games?



    Can you show any reason why violent {movies | books | posters} are a benefit to children?

    Laws to regulate these should also be constitutional.



    Next, why limit to violence. Maybe all sexual content should be 'regulated' or censored? After all, we don't want people under 18 to know anything about how their own bodies work.

    What about offensive comments? Shouldn't legislators be allowed to pass laws?

    What about making ugly faces at other people?

    What about thinking wrong thoughts, or speaking wrong things?

    None of these things are a benefit to children.



    Now here's a very different idea. How about lets NOT allow legislators to decide these for us, and let us handle it ourselves.

     

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  17.  
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    Chris Rhodes (profile), Jun 29th, 2011 @ 12:00pm

    Re:

    Because freedom is the natural state, not tyranny.

     

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  18.  
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    John Doe, Jun 29th, 2011 @ 12:03pm

    Re:

    Then why have a constitution at all. Maybe government should be allowed to pass any ole law they want to. Why object to that?

     

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  19.  
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    Anonymous Coward, Jun 29th, 2011 @ 12:04pm

    Re: Here's a law we really need...

    i like this alot actually

     

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  20.  
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    Josh Taylor, Jun 29th, 2011 @ 12:04pm

    Will somebody please think of the Children?

    The games are too violent. Banning violent games is constitutional. California has the right to ban games.

    CA should cede from the US and become it's own republic.

    Why no revival? Is there no revival?

    Our churches are empty because of Facebook.

    We need revival and we need it now.

     

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  21.  
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    Anonymous Coward, Jun 29th, 2011 @ 12:05pm

    Re:

    dont know if troll...

     

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  22.  
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    :Lobo Santo (profile), Jun 29th, 2011 @ 12:08pm

    Re: Fth

    Our churches are empty because humans--despite being amazingly slow learners sometimes--are beginning to learn how 'magical thinking and ignorant belief' are bad for everybody.

    But, don't worry, there will likely always be a few people who want the mental crutch of believing in only one thing which they believe they need never justify, so the churches will always have a few followers.

     

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  23.  
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    Chronno S. Trigger (profile), Jun 29th, 2011 @ 12:10pm

    Re: Re:

    Ether that's sarcasm or the westboro baptist church found a new place to spout their insanity.

     

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  24.  
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    Chronno S. Trigger (profile), Jun 29th, 2011 @ 12:13pm

    Re: Re: Re:

    I'm all about repealing that law as well. That's another thing that the parent should decide if the child is ready or not.

     

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  25.  
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    Jay (profile), Jun 29th, 2011 @ 12:15pm

    Re: Re:

    I think he's serious...

    That's even more disturbing...

     

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  26.  
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    Phillip Vector (profile), Jun 29th, 2011 @ 12:21pm

    Re:

    I have a son. 8 years old. Due to various factors, he's got allot of anger issues.

    When he is at his mothers house, he doesn't play "violent video games". But he gets into fights with other kids more then usual.

    When he is over my house, I let him play Team Fortress 2 (with the blood off, balloons turned on, etc). We play as a team against the bots and password protect the server so that no one outside of me or him (or whoever I invite on) can join us and be rude.

    He is calm, relaxed and not at all the stressed ball I get to see when it's my turn to be with him.

    Now, GTA4 of course is out. I have let him play GTA3 (with the voices turned off and under strict supervision), but only to drive fire trucks and put out fires, save people in ambulances and to catch criminals in cop cars (cheat codes to remove the stars for stealing it of course).

    So there ya go. A reason why they are good. Now, I won't say not having them would damage his development, but it is helping.

     

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  27.  
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    Anonymous Coward, Jun 29th, 2011 @ 12:35pm

    If a politician did not have our money from taxes to waste he would be out of a job and useless, then again most are, useless.

     

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  28.  
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    Nathan F (profile), Jun 29th, 2011 @ 12:35pm

    Needs help?

    In the industry I work in we have a name for someone who continually does the same thing over and over again expecting a different result. Insane. Someone think of Yee and get him some help.

     

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  29.  
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    Anonymous Coward, Jun 29th, 2011 @ 12:49pm

    Re: Re: Re: Re:

    What is it about this law (or the one restricting adult magazines) that prevents the parent from deciding what the child is ready for? Unless I'm misreading it, the law merely prevents a child from making the purchase directly; it doesn't prevent a parent from making that purchase on the child's behalf.
    Is there something I'm missing? I don't see how an adult's 1st Amendment rights are violated, and a child only has the 1st Amendment rights that their parents allow. Laws such as this provide another tool for parents to control what their kids see or do; they don't stop the production or sale of such items in general.

     

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  30.  
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    Gwiz (profile), Jun 29th, 2011 @ 1:00pm

    Re:

    Our churches are empty because of Facebook.

    Does this prove my theory that organized religion is more of a social establishment, rather than a spiritual one?

     

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  31.  
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    Anonymous Coward, Jun 29th, 2011 @ 1:04pm

    Re: Re: Fth

    Our churches are empty because humans--despite being amazingly slow learners sometimes--are beginning to learn how 'magical thinking and ignorant belief' are bad for everybody.

    Hmm, that sounds like "magical thinking and ignorant belief".

     

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  32.  
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    cseiter (profile), Jun 29th, 2011 @ 1:06pm

    Re:

    Looks like a skinny Quina. Apparently the intelligence too.

     

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  33.  
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    Gwiz (profile), Jun 29th, 2011 @ 1:17pm

    Re: Needs help?

    In the industry I work in we have a name for someone who continually does the same thing over and over again expecting a different result.

    In my industry we have a name for them too, but usually we just call them customers.

     

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  34.  
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    Chronno S. Trigger (profile), Jun 29th, 2011 @ 1:20pm

    Re: Re: Re: Re: Re:

    There is a law about providing a minor with pornography. Not selling, providing (or maybe that's just in PA).

    Besides, it's the same exact bullshit law as the anti-gaming law. It's something that has arbitrarily been deemed adult oriented and backed by misleading if not outright fake studies.

     

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  35.  
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    Old Fool (profile), Jun 29th, 2011 @ 1:23pm

    Need to Kill

    I played a violent video game once, and now I'm filled with an overwhelming urge to kill everyone I meet.

     

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  36.  
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    btr1701 (profile), Jun 29th, 2011 @ 1:23pm

    Re: WTF?

    > Can you show any reason why violent videos
    > games are a benefit to children? Can you show
    > any reason that controlling them and making
    > them 18+ would somehow damage a child's
    > development?

    Huh?

    Ice cream is of no real benefit to children, either. Controlling it and restricting it to 18+ also wouldn't damage a child's development. But no one in their right mind would advocate banning children from having an ice cream cone.

    The idea that every product has to affirmatively prove that it is beneficial to children before it can be sold them is idiotic.

     

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  37.  
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    btr1701 (profile), Jun 29th, 2011 @ 1:24pm

    Re: Re: Re: Re: Re:

    > a child only has the 1st Amendment rights that
    > their parents allow.

    No, between a child and the goverment, the child has *full* 1st Amendment rights. The parent can then override them if they so choose.

     

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  38.  
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    MRK, Jun 29th, 2011 @ 1:28pm

    Re:

    Because violent is subjective. The law in question said violence against "Humans". Does that mean Elves are ok? They look mostly human. What about Aliens? Or Orcs? You can't base your business around the shifting winds of public opinion.

    Can you show any reason why violent books are a benefit to children? Why not ban selling books contains violence? MANY children read violent books. Harry Potter, Grimms Fairy Tales, and of course... the Bible.

     

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  39.  
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    CommonSense (profile), Jun 29th, 2011 @ 1:31pm

    Re:

    Because this is a free country, and those "controls" limit my freedom. It simply has NOTHING at all to do with "The Children".

    Get that through your skull.

     

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  40.  
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    Rhiadon (profile), Jun 29th, 2011 @ 1:35pm

    This ruling OBVIOUSLY forces parents to go out and immediately buy all the super violent video games for their children and allow them to play those games unsupervised. Parents now have no rights regarding the raising of their children and must allow them to become serial murderers and talk in movie theaters.

    And just in case it wasn't OBVIOUS, I'm being sarcastic.

     

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  41.  
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    Greg G (profile), Jun 29th, 2011 @ 1:39pm

    Why would Senator Yee make a statement that is clearly dishonest?

    California State Senator Leland Yee (D-San Francisco)

    That says it all really. Democrat, California, and above all that, a State Senator (read: politician.)

     

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  42.  
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    Gwiz (profile), Jun 29th, 2011 @ 1:40pm

    Re: Need to Kill

    I played a violent video game once, and now I'm filled with an overwhelming urge to kill everyone I meet.

    I played Pacman and I was filled with an overwhelming urge to eat up everything in sight.

    Then playing Donkey Kong filled me with the urge to jump over barrels and climb ladders until I lost all the weight I gained from Pacman.

     

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  43.  
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    Anonymous Coward, Jun 29th, 2011 @ 1:57pm

    Re:

    all your base are belong to us

     

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  44.  
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    Anonymous Coward, Jun 29th, 2011 @ 1:59pm

    Re: Re:

    social and political, but otherwise I have to agree with you G.

     

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  45.  
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    Anonymous Coward, Jun 29th, 2011 @ 2:14pm

    Re: Re: Re: Re: Re: Re:

    Assuming that the PA law you mention affects parents as well, then I agree that there's a violation. Such laws take away the parent's right to parent and make choices because another person doesn't agree with the content.
    However, that doesn't make the two the same thing. The video game law would require a parent to take some form of action and obtain the game for their children, after (in theory) looking at the box, finding a rating and the reasons for that rating and determining if that content is appropriate for their child. The scale is still arbitrary, but it still allows the parent to make the determination (ignoring the likelihood that the kid will find a way to get the game by some other means).

     

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  46.  
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    Anonymous Coward, Jun 29th, 2011 @ 2:15pm

    Think of the children? I didn't need such laws when I was growing up. Then again, unlike Yee, I don't come from some parallel universe where video games DO inspire children to uppercut one another into pits of acid, surf down mountains on turtle shells, throw barrels at gorillas, or wander around mazes detonating bombs at stray balloons.

     

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  47.  
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    Anonymous Coward, Jun 29th, 2011 @ 2:18pm

    Re: Re: Re: Re: Re: Re:

    Fair enough. However, if the store sells a child such a game against the parent's wishes (which should be rare with proper, attentive parents, but we all know that's a rarity these days), isn't that a violation of the parent's right to control the child's access? While it definitely shouldn't be the government's job to do the parenting, shouldn't it be the government's job to help protect the rights of said parents?

     

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  48.  
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    Rikuo (profile), Jun 29th, 2011 @ 2:33pm

    TV is dangerous

    Once, when I was young, I watched that old Simpsons episode, where Bart runs into the wall, and he goes into a 3D CGI world (it was one of the early Treehouse of Horror episodes). Me being impressionable, I too ran into the wall in my kitchen and nearly gave myself a concussion. (The notion that I was already existing in a three dimensional world was obviously a bit beyond me).
    Beyond that, I haven't done anything that was influenced by TV, movies, books or video-games. I may have learned new perspectives and ways of looking at the world, but such positives are ignored by the likes of this politician. I don't blow myself up with dynamite like Bugs Bunny and the rest, thinking I'll be unharmed in the next scene. I don't rob cars like Grand Theft Auto. I don't throw Pokeballs at random animals. I don't stomp on the heads of my enemies, like Mario. I don't play Doom or Quake or Duke Nukem and somehow, have the point and click experience translate into holding an actual gun in real life (yes, that's what Jack Thompson was arguing, that the Columbine killers trained for their killing spree in Doom).

     

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  49.  
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    Stuart, Jun 29th, 2011 @ 2:34pm

    Re: I've suggested this idea before . . .

    As a resident of California. I agree.
    Let me add though.
    Part time legislature and
    the murder of all Union heads.

    Then we can get close to a reasonable state.

     

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  50.  
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    Rikuo (profile), Jun 29th, 2011 @ 2:36pm

    Re:

    You say banning violent games is constitutional? Know what else is constitutional? Seceding from the US! Oh wait, it isn't!

     

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  51.  
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    Matt, Jun 29th, 2011 @ 2:36pm

    FTA "Furthermore, as pointed out over and over again (and actively denied by Senator Yee), there is no evidence that violent video games have any impact on "the well-being" of kids."

    While I understand that there is no evidence, I do believe, after spending years and years playing games myself (avid gamer) and with my children, that violence in media can have an effect on impressionable minds.

    It is, however, up to me as a parent to restrict that from my children NOT the government. All game systems now, dvd players, tv boxes, computers, they have the ability for me to block the content I find objectionable. Sure, my kids can go somewhere else and possibly see it and that is a risk we all take, but that is another part of being active in your child's life. Knowing where they are, who they are with, if the other child's parents are home with them.

    I am tired of these politicians pandering to people who want someone else to take care of their kids.

     

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  52.  
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    BeeAitch (profile), Jun 29th, 2011 @ 2:51pm

    Re: Re: Re: Re: Re: Re: Re:

    Exactly which right(s) of the parents is being violated (needs protection)?

     

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  53.  
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    BeeAitch (profile), Jun 29th, 2011 @ 2:59pm

    Re:

    "Banning violent games is constitutional. California has the right to ban games."

    Sorry to break it to you, but SCOTUS disagrees. You may have more authority though, with the God thing and all...

     

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  54.  
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    Anonymous Coward, Jun 29th, 2011 @ 3:10pm

    Re: Re: Re: Re: Re: Re: Re:

    The scale you speak of exists: http://www.esrb.org/ratings/faq.jsp

    all major retailers follow the ESRB guidelines pretty fiercely, I had a college buddy get fired from Best Buy for selling a game to a kid and have heard some stories from gamestop employeees about the company sending in "secret shoppers" to try and buy games they were not old enough for, apparently (citation needed) gamestop will even go so far as to strip franchise rights from a privately owned franchise for violating ESRB guidelines.

    The point is there is a system in place that works. Well it works if parents take an interest in wtf their kids are doing.

    You know what the difference between a video game and a porno mag is, you need to be on the TV to play games. If you have a young child shouldn't you look at what he is playing, maybe even play with him? At least look at the box and see the rating (assuming he found someone else to buy it or a small time shop that doesnt care about the ESRB [maybe that gamestop that lost their franchise]) and all the info that little box gives you.

    If your child is so young and impressionable maybe you should see wtf he is doing. If he is such a sneaky shit that he will buy it and hide it from you maybe make him set up the xbox in the family room so you can always walk in and see whats up, or again hang out and play with him/watch what he is doing.

     

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  55.  
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    Anonymous Coward, Jun 29th, 2011 @ 3:10pm

    ummm, so help me out. If the video game ban is unconstitutional, then shouldn't movie ratings be as such too?

     

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  56.  
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    Hothmonster, Jun 29th, 2011 @ 3:10pm

    Re: Re: Re: Re: Re: Re: Re: Re:

    ^

     

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  57.  
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    Hothmonster, Jun 29th, 2011 @ 3:14pm

    Re: Re:

    jeeze you guys jump out fast. If he is polite that no need to be mean. Ever hear of intellectual discourse? Maybe he is playing devils advocate, maybe he didn't think the law is such a big deal.

    Just because he has a different viewpoint, he might not even have it he might just be experimenting with it, doesn't mean you have to jump down his throat.

    Wait for him to be rude then you can start smacking him in the ear with your cocks

     

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  58.  
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    Anonymous Coward, Jun 29th, 2011 @ 3:17pm

    Re: Re: Re: Re: Re: Re: Re: Re:

    In theory, the right to protect the child from harm (in the eyes of the parent). Granted, this isn't explicitly written out in the Constitution, but neither is the right to (for example) not have my face punched in. That had to be added in as a regular law.
    And before I forget, whose 1st Amendment right is being attacked by the law in question? It doesn't stop such games from being made or sold to the general public. The games still get out there.

     

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  59.  
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    Anonymous Coward, Jun 29th, 2011 @ 3:18pm

    While this is an EXTREMELY rare example of the court actually doing something right, it's odd that it's okay to sell minors violence but not sex. I guess our government would rather have them making war, not love.

     

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  60.  
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    Anonymous Coward, Jun 29th, 2011 @ 3:22pm

    Re: Re: Re: Re: Re: Re: Re: Re:

    I agree completely that parents need to be paying attention. I consider it to be a sad state of affairs that parents would need the government to enforce such restrictions on minors; but it's apparently there. And it could be a tool that helps. Of course, it could just encourage lazier parenting, which would also be sad.

     

    reply to this | link to this | view in thread ]

  61.  
    icon
    tmfp (profile), Jun 29th, 2011 @ 3:45pm

    Protecting Our Children?

    When it comes to deciding what is good or bad for our children let's be honest. If we want to protect our sons and daughters from real life violence we'll start paying attention to the U.S. Constitution and Bill of Rights and be responsible. Concentration on pretend video game violence is absurd.

     

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  62.  
    identicon
    Urza9814, Jun 29th, 2011 @ 3:54pm

    Re:

    Why should we NOT ban them? Because as a 21 year old who has been playing 'teen' rated games since I was about 6 (the Command and Conquer series mostly), I can personally attest that my life would probably be VERY different today were it not for those games. Those games got me interested in computers and programming. That early interest allowed me to exhaust my highschool's CS curriculum quite rapidly and move on to classes at the local university, and come out as one of the top students in a 400-level class. Which may be why I got into the university I'm currently at. Which got me my $25/hr part time job while still in school. Or maybe nothing would have changed, who knows...but those games are the single reason why, had you asked me in 3rd grade what I wanted to be when I grew up, I would have answered with "computer programmer". And I'm pretty sure that's had a pretty significant and pretty positive impact on my life.

     

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  63.  
    identicon
    Nicedoggy, Jun 29th, 2011 @ 3:59pm

    Re:

    There are some studies showing that people who play games any game that requires paying attention evolve motor coordination skills, think less dangerous people driving.

    Quote:
    Professor Griffiths pointed to studies which had shown children undergoing chemotherapy and treatment for sickle cell anaemia had benefited from being given games to distract then.

    He said they needed less pain relief and had less nausea and lower blood pressure than those who were simply told to rest after their treatments.

    Source: Computer games 'do have benefits'


    Quote:
    8. Many games improve language and math skills as players have to move at a great speed along with the heroes of the game.

    Source: 10 Benefits of Video Games

    Your turn, please show us the studies saying the contrary.

     

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  64.  
    identicon
    Anonymous Coward, Jun 29th, 2011 @ 4:08pm

    Re: Re:

    How are those controls (assuming you refer to the 18+ restriction, and not a ban) limiting your freedom? Are you under 18, or perhaps a retailer?

     

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  65.  
    icon
    btr1701 (profile), Jun 29th, 2011 @ 4:14pm

    Re: Re: Re: Re: Re: Re: Re:

    > isn't that a violation of the parent's right
    > to control the child's access?

    Perhaps, but that's a matter between the parent and the business. It's not the proper place of government to enforce internal family rules for people.

    > shouldn't it be the government's job to help
    > protect the rights of said parents?

    No, not really. If people want to be parents, they take on the responsibility of all parenthood entails. They're not entitled to co-opt the resources of the rest of us (in the form of tax dollars) to help them out.

     

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  66.  
    icon
    btr1701 (profile), Jun 29th, 2011 @ 4:16pm

    Re: Re: Re: Re: Re: Re: Re: Re: Re:

    > And before I forget, whose 1st Amendment right
    > is being attacked by the law in question?

    The childrens' rights. As Scalia pointed out, children have the same right to be free from government censorship as any other citizen. So the government can't pass a law censoring video games from them, even thought their parents can.

     

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  67.  
    icon
    btr1701 (profile), Jun 29th, 2011 @ 4:20pm

    Re: Movie Ratings

    > ummm, so help me out.

    Be glad to.

    > If the video game ban is unconstitutional,
    > then shouldn't movie ratings be as such too?

    Nope. Movie ratings are not based in law. There's no law (state or federal) which requires theaters to abide by the movie ratings system. It's not illegal to let a 14-year-old into an R-rated movie.

    The ratings system is voluntary on the part of theaters. They choose to abide by it, but they don't have to. If the government were to pass a law tomorrow that made it a crime to fail to abide by the rating system, it would be just as unconstitutional as the video game law was found to be.

     

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  68.  
    icon
    The Groove Tiger (profile), Jun 29th, 2011 @ 4:27pm

    Should we have a law that makes it a crime to sell meat-based food to underage kids if their parent wants them to be a vegan? If the parent wants the kid to follow a very specific and censored lifestyle, it is up to him to enforce that. Everybody else doesn't have the obligation to do the parenting for him under threat of jail or whatever.

    So it's not the job of Burger King to follow your parenting rules if your kid goes by himself to one of their food places and orders a Whopper.

     

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  69.  
    identicon
    Transbot9, Jun 29th, 2011 @ 5:03pm

    hrm...

    Y'know, what's funny is that all major retailers already self-regulate on this issue and card for the videogames in question, because they don't want stupid laws like this in place. Oh, sure, there are probably people who break the corporate rules and sell an M rated game to a 10 year old, but Wal-Mart and others refuse to sell AO rated games.

    What's funny is that it's usually parents who buy egregiously violent videogames for their kids against the recommendations of the salesfolk.

     

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  70.  
    identicon
    Anonymous Coward, Jun 29th, 2011 @ 5:49pm

    Re: Re: Re: Re: Re: Re: Re: Re:

    For the first part, if it is between the parent and the business, then it's definitely the role of the government to intervene; that's the primary role of government, to protect people from each other.
    For the second...wouldn't that be nice, if parents actually took on the full responsibility of parenting? I agree that they shouldn't be using everyone else's resources to raise their kids (or so many other things); but that isn't happening, and hasn't been for far too long.
    It's probably just me, but that's another big reason I'd like to see such tools added...eventually, such parents are going to run out of excuses, and maybe then we can see more parental responsibility.

     

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  71.  
    icon
    harbingerofdoom (profile), Jun 29th, 2011 @ 6:46pm

    Re:

    as a parent, there were times when my kids were younger that i did not want them playing violent video games.
    the difference here is that its my job to be the parent... not the states job. i do not want nor do i need a governmental agency telling me how i should raise my kids when it comes to an issue such as video games.

     

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  72.  
    icon
    harbingerofdoom (profile), Jun 29th, 2011 @ 6:48pm

    Re: I've suggested this idea before . . .

    im totally okay with this idea!

     

    reply to this | link to this | view in thread ]

  73.  
    icon
    harbingerofdoom (profile), Jun 29th, 2011 @ 6:50pm

    Re:

    uhh..
    i am thinking of the children. specifically mine not having to wake up every morning in a totalitarian regime.
    if the games are too violent dont play them and dont let yours play them.
    there are no states that are going anywhere and i wish people would just drop the idiotic idea.
    revival? now your on a religious bent apparently.. and we need it not now and not ever.

     

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  74.  
    identicon
    btr1701, Jun 29th, 2011 @ 7:02pm

    Re: Re: Re: Re: Re: Re: Re: Re: Re:

    > if it is between the parent and the business, then it's
    > definitely the role of the government to intervene;
    > that's the primary role of government, to protect people
    > from each other

    Not in that sense it isn't. Just the opposite, in fact. When two private parties interact with one another, it's the proper place of government to stay out of the way to the highest degree possible.

    If a parent doesn't like it that Blockbuster is interfering with her right to parent by renting games to her kid, then she can express her concerns to management and if they're not addressed, she can decline to do business with them.

    Simple.

    What we don't need (and which is constitutionally prohibited) are grand-standing politicians poking their collective noses into that process and passing laws to criminally enforce what amounts to nothing more than personal preferences within families.

    > wouldn't that be nice, if parents actually took on the full
    > responsibility of parenting?

    Sure would. But regardless of whether they do or not, the Constitution remains the same. There's no "unless parents aren't doing their job" exception to the 1st Amendment.

     

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  75.  
    icon
    BeeAitch (profile), Jun 29th, 2011 @ 7:36pm

    Re: Re: Re: Re: Re: Re: Re: Re: Re:

    "In theory, the right to protect the child from harm (in the eyes of the parent)."

    Nice theory. I'll look forward to hearing the evidence supporting it. I'm glad you at least admit that this isn't a constitutional right (and I'll remind you that free speech is).

    Isn't protecting children from this type of "harm" really the parents' job?

     

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  76.  
    icon
    Hephaestus (profile), Jun 29th, 2011 @ 10:36pm

    Re:

    "Let's reverse the logic here: Can you show any reason why violent videos games are a benefit to children? Can you show any reason that controlling them and making them 18+ would somehow damage a child's development?

    No? Then why object?"

    Following your logic here: Can you show any reason why Scolding Children, Condoms, Vitamins, Clothing, Shoes, Bathing, or Set Bed Times are a befit to children? Can you show any reason that controlling them and making them 18+ would somehow damage a child's development?

    No? Then why object?

     

    reply to this | link to this | view in thread ]

  77.  
    icon
    Hephaestus (profile), Jun 29th, 2011 @ 10:40pm

    Re: I've suggested this idea before . . .

    "Any legislator who writes a law that is later found to be unconstitutional is automatically removed from office."


    Any legislator who writes a law that is later found to be unconstitutional is automatically removed from office, placed in jail, and all campaign contributors fined.

    FTFY

     

    reply to this | link to this | view in thread ]

  78.  
    icon
    Hephaestus (profile), Jun 29th, 2011 @ 10:42pm

    Re: Here's a law we really need...

    You need to remove the "Conspire" part. The simply reason is, it's really hard to prove a conspiracy.

     

    reply to this | link to this | view in thread ]

  79.  
    icon
    Hephaestus (profile), Jun 29th, 2011 @ 10:49pm

    Re: Re:

    If it was sarcasm he would have added ...

    "Will somebody please think of the Children", Fish, Puppies, Rabbits, lizards, and anything else you are not buying to eat.

     

    reply to this | link to this | view in thread ]

  80.  
    icon
    Hephaestus (profile), Jun 29th, 2011 @ 11:09pm

    Re: Re: Re: Fth

    "Hmm, that sounds like "magical thinking and ignorant belief"."

    It's more like the scientific method and observation.

    People are beginning to question everything. They are beginning to realize that everyone else is beginning to question everything also. In a world of instant communications, to think otherwise is really stupid.

     

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  81.  
    icon
    nasch (profile), Jun 29th, 2011 @ 11:40pm

    Re: Re: Re: Re: Fth

    It's the scientific method to present an unsupported alternative explanation for an incorrect premise as fact? I don't think so.

    American churches are not, in fact, empty. Arguing about why they are empty is like arguing about why dogs meow.

     

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  82.  
    identicon
    Anonymous Coward, Jun 29th, 2011 @ 11:56pm

    Re: Re: Re: Re: Re: Re: Re:

    However, if the store sells a child such a game against the parent's wishes (which should be rare with proper, attentive parents, but we all know that's a rarity these days), isn't that a violation of the parent's right to control the child's access? While it definitely shouldn't be the government's job to do the parenting, shouldn't it be the government's job to help protect the rights of said parents?

    What if a store sells candy to a child against the parents wishes?

     

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  83.  
    icon
    Mike Masnick (profile), Jun 30th, 2011 @ 12:50am

    Re:

    ummm, so help me out. If the video game ban is unconstitutional, then shouldn't movie ratings be as such too?


    Movie ratings are entirely a voluntary system by the MPAA (much like the ESRB system for games). There is no law concerning movie ratings, because (like this law) it would be struck down as unconstitutional.

     

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  84.  
    identicon
    Anonymous Coward, Jun 30th, 2011 @ 4:10am

    Re: Re: Parenting

    Now that is a man who is parenting. Well done. I salute you, sir. Your kid will do well.

     

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  85.  
    identicon
    Anonymous Coward, Jun 30th, 2011 @ 5:12am

    Re:

    TBH if I didn't have my heavy metal and violent video games at 16-17, I might have kicked some more ass (and get mine kicked more) than I did.

     

    reply to this | link to this | view in thread ]

  86.  
    identicon
    Anonymous Coward, Jun 30th, 2011 @ 5:19am

    Re: I've suggested this idea before . . .

    Such a law sounds good on paper, but in practice it would be abused to high hell by corrupt judges, give judges unprecedented influence over lawmakers, and have massive chilling effects on the passing of controversial laws, and not necessarily just the bad ones.

    For just one example, consider that if a law like this existed, President Obama would have to be impeached because U.S. District Court Judge Roger Vinson ruled his health care bill unconstitutional.

     

    reply to this | link to this | view in thread ]

  87.  
    icon
    Niall (profile), Jun 30th, 2011 @ 5:52am

    Re: Re: Re: Re: Re: Re: Re:

    The first amendment right between child and government trumps the parents' 'right' to control the child's access. And all of that assumes that the parents are paying proper, mature attention to what their kids are doing and buying. 'Decent' parents shouldn't really need this law. All they are doing is wanting other people to 'do their job' for them and then whining when it's ruled unconstitutional.

     

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  88.  
    icon
    Niall (profile), Jun 30th, 2011 @ 5:58am

    Re: Re: Re: Parenting

    This is interesting for me to read. I have a 2 1/2 year old boy, and I want to start planning how I will eventually expose him to computer games. Although he is too young now, I should have a bit of leeway with JCB/train etc games, but it won't be long until I have to deal with FPS, RPG etc. games, especially ones we play (we love Diablo!). So it's interesting to see which games can be 'peace-bonded' or creatively modded. Maybe I should look at some of the games I have to see how they can be 'neutered'.

     

    reply to this | link to this | view in thread ]

  89.  
    icon
    Niall (profile), Jun 30th, 2011 @ 6:01am

    Re: Re: WTF?

    Violent, competitive sports are considered good for children. They are definitely interactive. Isn't this therefore the usual "but it's digital!" fallacy? So if it's is maybe more beneficial to a kid to do the activity all his friends do (and not be the outcast), or have a good safe sink for any violence or anger (which sport is often cited as being good for), then how can you not justify the more violent computer games, at least in a properly supervised manner?

    Do we really need government controlling yet another aspect of our lives?

     

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  90.  
    icon
    Niall (profile), Jun 30th, 2011 @ 6:09am

    Re: Re:

    A lot of people forget that you do make choices based on trying to be a good parent (for instance, trying not to scold too much, violently etc.) or because there are KNOWN benefits to controlling behaviour (i.c. set bed times, bathing). But do you really need the government saying "you can only scold your child once a day" or "you must bathe your child every day"? No. Whilst it can be good to legistlate the worst of PARENTAL behaviour (to limit child abuse, etc.) it's a little stupid to say "the kid can play this same game, but only if someone else bought it".

     

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  91.  
    icon
    Niall (profile), Jun 30th, 2011 @ 6:10am

    Re: Re: Re:

    Mmmm, fish pie and rabbit stew :)

     

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  92.  
    icon
    Niall (profile), Jun 30th, 2011 @ 6:17am

    Re: Re:

    I found it amazing the first time I went to the US (as an adult) and discovered any child could actually see any movie. In the UK, and I think most of Europe, the ratings have the force of law in the cinema (I think). But then we have no 'pesky' constitution getting in the way of governmental control.

    The funny thing is how parents choose to apply it. In the UK, my parents wouldn't let me see "Alien" at the age of 16 (on TV, even). And yet, I had been allowed to watch "Apocalypse Now" at the cinema at the age of 12... because we were in Yugoslavia and there didn't seem to be any serious rating system back then!

     

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  93.  
    identicon
    Anonymous Coward, Jun 30th, 2011 @ 7:58am

    Re: Re: Re:

    LOL, we still don't one.

    And it couldn't be better for us

     

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  94.  
    identicon
    Anonymous Coward, Jun 30th, 2011 @ 7:59am

    Re: Re: Re:

    How ironic, a communist country had more freedom then a 'democratic' one, eh?

     

    reply to this | link to this | view in thread ]

  95.  
    icon
    Phillip Vector (profile), Jun 30th, 2011 @ 8:15am

    Re: Re: Re: Re: Parenting

    Steam had a "Family" category for games. Allot of good choices there..

    But for my Son, his "Gateway" game was Minecraft (and he still plays it) as well as Terraina. Both excellent games that are exciting and imangination filled, but no real serious violence (and both can do multiplayer and are cheap).

     

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  96.  
    identicon
    dwg, Jun 30th, 2011 @ 10:29am

    Re: Re: Re: Re: Re: Re: Re:

    No, because private entities don't violate parents' rights by selling things. The only way that private entities violate rights is by breaking a specific law that entitles individuals specific things with regard to a specific type of private entity (the right to rent or buy the same houses as people of other skin colors, the right to be served at a lunch counter regardless of race, etc.). And don't try to tell me that a retail operation selling video games to a kid that a parent wouldn't want sold to the kid is violating the parents' First Amendment rights--that's just disagreement between two private parties...which is what this country was founded on. I'm not saying that video games are as important as political argument between citizens, but that's the area we're dealing in here.

    So, no.

     

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  97.  
    identicon
    dwg, Jun 30th, 2011 @ 10:31am

    Re:

    Oh, man: are french fries beneficial? Yes, as nutrition, regardless of the availability of better sources. So, then, yes: video games are a benefit to children--they improve hand-eye coordination, regardless of the availability of what you might consider better ways to accomplish this.

    Q.E. Fucking D.

     

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  98.  
    identicon
    dwg, Jun 30th, 2011 @ 10:38am

    Re: Re: Re:

    How about "game creator?" Don't you think that limiting your potential audience is an infringement on your rights of speech? Imagine this: you can have an exhibit of your paintings, but your audience is statutorily limited to people over 18. Or over 80. Or you can only have one person view your entire exhibit. Limiting your freedom yet?

     

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  99.  
    identicon
    Anonymous Coward, Jun 30th, 2011 @ 10:47am

    Re:

    No? Then why object?

    Easy. Because you want something forbidden, YOU gotta show justification.

     

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  100.  
    identicon
    Josh Taylor, Jun 30th, 2011 @ 10:55am

    Re: Re: Fth

    People like the rest are blind to the faith. Everyone is a non-believer of Jesus.

    "A fool says in his heart 'there is no god'" - Hebrews 9:27.

    Believing in Jesus isn't magical thinking or ignorant belief, it's a relationship. I will never bring a few people to Jesus. More people will come to Jesus. If the faith should be penalized by death then let it be. I will never reject my savior and start thinking for myself.

    If anyone tells others to stop believing in a Savior who died for their sins and start thinking for themselves, that person is leading the Lord's lost sheep on a path of destruction. I will help the Lord rescue His Lost Sheep.

    California has the right to ban violent games, the violent game ban is constitutional. Think of the children

    Mrs. Lovejoy: Will somebody please think of the children.

     

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  101.  
    icon
    Thomas (profile), Jun 30th, 2011 @ 12:33pm

    Costs?

    and how much did the last law (that was struck down by SCOTUS) cost the state of California to pass and appeal all the way to the SCOTUS? How can California afford such silly things?

    Are not parents in California allowed to look at their children's games and decide if they are not appropriate? Why does the government need to be involved?

     

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  102.  
    icon
    CommonSense (profile), Jun 30th, 2011 @ 1:38pm

    Re: Re: Re:

    oh, so you don't think retailers or people under 18 have any rights like the Constitution says they do?? Is that it?

     

    reply to this | link to this | view in thread ]

  103.  
    icon
    nasch (profile), Jun 30th, 2011 @ 6:13pm

    Re: Re: I've suggested this idea before . . .

    Perhaps the bill never would have been passed in the first place.

     

    reply to this | link to this | view in thread ]

  104.  
    icon
    nasch (profile), Jun 30th, 2011 @ 9:26pm

    Re: Re: Re: Fth

    Wow, "will somebody please think of the children" said with a straight face. This is awesome.

     

    reply to this | link to this | view in thread ]

  105.  
    identicon
    Anonymous Coward, Jul 1st, 2011 @ 12:07am

    Re: Re: Re: Re: Re:

    Unless I'm misreading it, the law merely prevents a child from making the purchase directly;

    "The law" is the government preventing the child from making the purchase, not the parent.

    it doesn't prevent a parent from making that purchase on the child's behalf.

    Nobody here said it did.

    ...a child only has the 1st Amendment rights that their parents allow.

    You can keep repeating that as much as you wish, but the Supreme Court has now ruled otherwise. If a parent wishes to restrict their child's games, they are still free to do so.

    Laws such as this provide another tool for parents to control what their kids see or do; they don't stop the production or sale of such items in general.

    Laws don't have to be "in general" or apply to *everyone* to be unconstitutional. Laws aimed at only certain groups can be unconstitutional. I find it hard to believe that you can't understand that.

     

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  106.  
    icon
    Andrew F (profile), Jul 2nd, 2011 @ 12:23am

    A hypothetical

    Suppose we took all the money it takes to pass this law and defend it in court and plopped it into education.

    Which do you think would have a greater impact on kids and violence?

     

    reply to this | link to this | view in thread ]

  107.  
    identicon
    Androgynous Cowherd, Jul 3rd, 2011 @ 2:40pm

    Why would Senator Yee make a statement that is clearly dishonest?


    Because that's how he got his Senate seat in the first place? You stick with what's worked for you in the past.

     

    reply to this | link to this | view in thread ]

  108.  
    identicon
    Anonymous Coward, Jul 20th, 2012 @ 1:19pm

    Re:

    just as many studies have said video games have nothing to do with real life violence.

     

    reply to this | link to this | view in thread ]


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