At least, according to the ESA.
Published on December 28, 2005 By Chaos Manager In Current Events
California recently passed a law stating that it would be illegal to sell or rent Mature rated video games to minors (aka any person of 17 years of age or younger). However, several groups (Including the Washington lobbying group Entertainment Software Association (ESA)), state that it's unconstitutional as a violation of Free Speech. Evidently a Federal judge agrees, because the implementation of the law (due on Jan 1, 06) was blocked. More in the linked article.

What strikes me as truly weird? The same folks that are fighting this issue as a Free Speech issue (which I don't believe it is), would be the first to start screaming if we allowed those same 17 and younger kids into NC-17 movies. They'd be screaming "How dare you suggest we allow our impressionable young people into movies containing all that smut and violence!!" when they're advocating the access to the exact same material on a small screen. Worse yet, it's interactive. They get to PARTICIPATE in the smut and violence.

Now, don't get me wrong. I'm not one of those that wants all violent video games banned. God forbid! I might have to go and take my aggressions out on real people instead of pixelized substitutes. I am a gamer, pure and simple.

What I do want to advocate is consistency - if we are to take a stand against access to violence/smut in movies for minors, let's have the same regulations/restrictions in place for other media types. If it's a violation of my 10 year-old son's Free Speech that he can't use his hard earned money to buy a copy of Diablo II or Grand Theft Auto (Not that he would - he'd play on my copy of D2 and thinks GTA is just stoopid (sic)) then it's a violation of the same Freedom of Speech that he can't get in to see (or rent) Debbie Does Dallas. If it's perfectly okay for us to restrict his access to Debbie Does Dallas (which I believe it is) then it should be perfectly w/in our rights to restrict access to M rated video games to these same minors.

Last point - There is one thing that was missed in this whole shebang - where are the parents? Strictly speaking - it is the parents' responsibility to restrict/allow access to this material for their minor children. Since too many parents take the attitude "Go away, your bothering me, kid" to raising their children, we as society should step up. BUT - society's actions should only be as a last resort and consistent. Too many mixed signals means a mixed up kid.

Comments
on Dec 28, 2005
So you are saying that we should not have any "requirements" on the age, just suggestions?  In that I do agree.  And that would leave it to the parents.  I refused to buy my Son 'A Clockwork Orange" as it was X (NC17 today) when it came out and he is but 13.  I told him in 4 years. BUT, if I had wanted to, I should be allowed to decide if he was ready to see it or not.  Not some faceless bureaucrat.
on Dec 28, 2005
BUT, if I had wanted to, I should be allowed to decide if he was ready to see it or not. Not some faceless bureaucrat.

Thing is, you can. At least in DVD rental/purchase. For games, it's the same way. If the parents wish the minor child to view/purchase said movie or game, that is their perogative. They may then go out and purchase/rent the title for them.

The store should not usurpt that parents right to restrict by allowing the minor to purchase/rent it anyways.

Personally, I really don't care which of the two ways it goes. If the regulations become "Let everyone who wants to come in", fine. If it becomes "Keep out those that aren't 18 years old", then fine. It's the "Well, for video games, we'll do it *this* way, and for movies we'll do it *that* way" methodology that we've got that drives me just a little batty.

Either way, I - as the parent - will still determine which ones that I will allow my minor children view/use.
on Dec 29, 2005
It seems to me, banning their sale completely might be a free speech violation, but regulating the sale to minors isn't. Pornography is age regulated and there is no constitutional violation. I really don't see a difference.

Just more stupidity from the bench.
on Dec 29, 2005
It seems to me, banning their sale completely might be a free speech violation, but regulating the sale to minors isn't. Pornography is age regulated and there is no constitutional violation. I really don't see a difference.

That's my point. There isn't a difference. Same material, different medium. With two different methods of handling it. One side - don't let the minors get it, gotta protect 'em. The other? "Gee, Your Honor, it's a violation of our Constitutional rights to sell this junk to whomever we please if you stop us on this."

That's what I see their argument as. Not a violation of the MINOR's rights, but a perceived violation of the publisher's rights. But if that's the case, why arent' the other mediums in violation?

Can't we expect some kind consistency from our government?

Oh, wait ... never mind. I just remembered who I was talking about.
on Dec 29, 2005
The main problem with most of these laws is enforcement. It puts video game dealers on the same page with people who sell alcohol and cigarettes. It's a pain, and they don't want to deal with it. You can't get anough people to decide what smut is, anyway, given that there is about as much adult material in some trendy clothing catalogs as there are in most "adult" rated games, and no one polices them.

If you look at movies, no one stands around in wal mart making sure kids don't buy rated R dvds, do they?
on Dec 29, 2005
If you look at movies, no one stands around in wal mart making sure kids don't buy rated R dvds, do they?

If you pay attention, the register beeps and the clerk has to certify that the person is of legal age to purchase the product. It's one of the (few) complaints I've got about the new self-service registers they're putting in.

If the clerk affirms that the person is of age (and he/she isn't), then it's an issue for the store/clerk to suffer from.
on Dec 31, 2005
Why do idiots think we should have to reinvent the wheel every time new technology comes out.

If it's illegal for people to see in real life, it should be illegal for kids to see it reproduced in any media.

This is where we get braindead decisions like the recent Supreme Court idiocy about kiddy porn. What really is the difference between a child molestor watching a film and the same perv watching a CGI kid get raped? Some would say the CGI is ok because there weren't any kids hurt in creating the garbage. Well, that is true, but the perv is still getting off on watching kids get raped, and getting ideas about what to do with his next victim.

When I complained to one of my kids' teachers about blatant nudity in a film she showed in class, all I got was a condescending suggestion that "maybe I would be happier with my kids in private school" and the old "well, the film was approved by the School Board". I asked the teacher (and a female member of the school board) if she walks around the classroom with her shirt off. When she said "NO!" I said, well, then why was it ok by you that Julliete do it?

Immature oafs will always find excuses to try to force their little fantasies on the rest of us. It is up to the rest of us to stand up for ourselves and shut them up!