WHAT’S ALL THE FUSS ABOUT AND WHAT SHOULD I DO?

 

This section relates specifically to violent video games, as all currently and recently proposed legislation is about video games.

 

 

THE ISSUE:

 

Children are playing violent video games.

 

v     Video game sales in 2003 were $7.1 billion, with 1/3 of the games sold rated “M” (Mature). 

 

v     40% of persons playing “M” rated games are under 18.

 

v     92% of children ages 2-17 play video games, with boys from 8-18 playing an average of 40 minutes/day.[1]

 

Research has shown that playing of violent video games can cause an increase in violent behavior and other mental health problems.

 

v     Games rated both “M” for mature and “AO” for adults only contain violence that is considered excessive by many mental health professionals[2].  Most of these games are “first-person shooter” meaning the player is doing the shooting, and contain extreme amounts of violence, with much of the violence targeted against women (often prostitutes) and racial minorities.

 

v     For more research information visit our link to Other Resources.

 

 

 

THE LEGISLATION:

 

v     Since 2000 at least thirty states, the District of Columbia, the US House of Representatives, and numerous smaller jurisdictions have proposed legislation restricting the sale and rental of videogames with excessive and realistic violence to minors.

 

v     These laws have passed in Washington State, California, Michigan, Illinois, Indianapolis, St. Louis, and North Miami, Florida.

 

v     The Entertainment Software Association successfully challenged the laws in Indiana, Missouri, Washington, Illinois and Michigan. North Miami withdrew their law after the successful court challenge in Washington.  No decision has yet been made to the California law.

 

THE COURT DECISIONS:

 

v     Indianapolis:  The US 7th Circuit Court of Appeals declared the City of Indianapolis Law Unconstitutional on First Amendment Issues.

 

v     St. Louis County:  The legislation was upheld by the US District Court, Eastern Division, Missouri, but overturned by the Court of Appeals on First Amendment Issues.

 

v     Washington State:  The legislation was overturned in July 2004, by the Western Division Federal Court.

 

 v     North Miami, Florida:  The implementation of the North Miami law was delayed until the Washington State court decision.  With the decision ruling against the legislation, the North Miami law did not take effect.

 

WHAT DOES THE FIRST AMENDMENT SAY?

 

When the constitution was written the only kind of “speech” was political speech.  It is given full protection.  “Commercial speech”, or “corporate speech” is given wide protection as well.  However, if a government body (such as the State of Washington) can prove that harm is being caused to children by this speech, the games can be restricted.  As more and more studies confirm that harm is being caused, the proof will become easier.  Violent games could also be restricted if they were to be placed in the “obscene” category, as pornography is.[4]

 

 

WHAT YOU CAN DO TO HELP:

 

v     Check the legislation in your state to see if legislation has been introduced.

v     Write your legislators in support of legislation limiting access of minors to violent video games.  Click here for a sample letter.

v     Write to your US Representative as well, as legislation has also been introduced at a Federal level.

 

Want to do more?

 

v     Contact your local church, PTA,  neighborhood and community groups and encourage them to write letters as well.  The Child-Responsible Media Campaign can provide information packets for you to distribute that are focused on your particular state, and in some cases can arrange a speaker.

 

v      Become a member of Child-Responsible Media eNewsletter to keep abreast of the latest developments in our fight to protect our children. 

 

v     We have lots more ideas….  As many as you have time for!  Drop us an email and introduce yourself!

 

 

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[1] National Institute on Media and the Family.

[2] http://democrats.assembly.ca.gov/members/a12/jointstatement.htm

[3] Federal Trade Commission

[4] http://www.mediaandwomen.org/firstamendment.html