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Editor's note: The Supreme Court will soon rule whether video games are considered free speech under the First Amendment. What does that mean and how does it affect you? Robert breaks it down -- and lets you know how you can help keep games protected. -Brett
With the recent political primaries bringing politics back to the forefront of everyone's attention, I thought I'd alert you to the impending Supreme Court case of Schwarzenegger v. Entertainment Merchants Association and let you know how you help protect video games as free speech.
To recap: In 2005, a California law was proposed that would legally restrict video games from being sold to minors. A California court struck down the law, which it found in violation of the freedom of speech guaranteed by the First Amendment. Other courts across the United States have reached this same conclusion every time a state has proposed a similar law. However, in April the Supreme Court agreed to a review of the 2005 California law to take place late this year or in early 2011.
When this issue comes to vote, the Supreme Court will rule in one of two ways. The Court could come to the same conclusion that the lower courts have and find that games are protected by the First Amendment. This would all but close the book on whether or not video games count as free speech in our country.
However, more frighteningly, the Supreme Court could find that games do not count as free speech and that California can legally restrict access to them. This would set a precedent for other states to enforce such laws.
As gamers, we should absolutely care about this. Andy Chalk's article at The Escapist is what inspired me to write this, and if you want a more thorough commentary on the topic, I highly suggest you read it.
Still apathetic? Here are some more reasons why you should care about the case:
It's Easy to Get Involved
Simply sign the petition at the Entertainment Consumers Association Web site. This is the easiest thing to do -- although of course you can also blog, Facebook, Tweet, send a carrier pigeon, or use any of the menagerie of other social networking options we have available to us. If you're interested in contacting your representative in Congress, the ECA has a form for that here. It's an election year, so now's as good a time as any to let them know how you feel.
Andy Chalk also lists a bunch of sites where you can find more information, and I'll repeat them here: Aside from the ECA, you can visit the Entertainment Software Association and Videogame Voters Network.
We Can Make a Difference
The conventional wisdom among many gamers is that online petitions never work. Thankfully that wasn't the case the other week in Germany, where 73,000 Deutschland gamers signed a petition opposing a violent video game ban -- and won. When German lawmakers tried to pass a law forbidding the creation and sale of violent games in Germany, the country's gaming community rallied in opposition to the law. The legislators listened.
Furthermore, 1UP blogger Matt Clark's recent petition to make Microsoft answer for its child labor practices received a response from a representative of Microsoft's PR firm, who discussed the matter with Clark.
If we band together for the right reason we can, in fact, make our voices heard. So take some time to sign the ECA petition and help spread the word.
This DOES Affect You
Some of you may think that the California law wouldn't impact you directly. Maybe you're over 17 years old already, or you agree that violent games should be kept away from kids. To you I'd say this: The point of this argument isn't that it should be easier for kids to play violent games; it's that if the Supreme Court rules in favor of the proponents of the law, it would enshrine the notion that video games are different from other forms of entertainment.
Movies with an R rating are a form of speech protected by the government. Music with naughty language is a form of speech protected by the government. If this law passes, California and the Supreme Court are basically saying that video games do not receive First Amendment protection because they can't communicate worthwhile ideas the same way that movies, music, and books can.
I hope I'm being a broken record here and that you've already done what you can to help protect video games as free speech. But I'd rather be repetitive than think I didn't contribute anything. So show some support for the industry and tell the court that games deserve the same protections as other media.
After all, the cost of failure is very, very steep. I mean, who wants to help prove Jack Thompson right?
