Free Speech: The Game Censors
Crossed Reality gets serious for a moment to examine in close detail the issues that are confronting the freedom of expression in videogames today.
Since their creation, videogames have come under assault from all directions. This is not a problem that only this medium of artistic expression has faced, at some point in time all the others have come under the same assaults. Book burnings have existed for hundreds of years. At one point in time, clothes were painted on the figures in the Sistine Chapel ceiling. And who can forget the classic television sitcoms where married couples slept in separate twin beds? All of these issues are caused by people who for one reason or another want to deny knowledge, but don't realize that pretending something isn't there doesn't make it go away. The press has been focused on videogame's recently because they are such a new medium, and because as of yet there are not many people willing to defend them. In a way, as much as their decisions are based in flawed logic, you can't blame them for what they do. Historically, censorship has been used as a political device. You can hate Hitler and the Nazis for burning books. But the forces allied against free expression in electronic games are not dictators, they are parents, and well meaning politicians. Yes, some of those do exist. Even my arch nemesis, Joseph Lieberman, who I have joked about assassinating before, is at heart just someone who is worried about the youth of America. So please, my fellow gamers, you can hate the decisions, but don't hate the people. They are misinformed and misguided, but not your enemies.
This all began with a little game we like to call Mortal Kombat. This was the game that led a group of senators, including the notorious Joseph Lieberman, to call for some regulation of the industry. Essentially, they said that either the game companies find some way to control it themselves, or Congress would do it for them. Whether or not the bill could have passed, or could pass now, is still anyone's guess, but don't forget that the Communications Decency Act made it into law before being shot down by the Supreme Court. It never came to that of course, instead, the ESRB , or Entertainment Software Rating Board, was created to provide ratings for all games. Of their ratings, one stands out as the most important in recent events. This is the Mature rating, which means the game is intended to be purchased and played only by people 17 or older. The gaming industry was praised for thus creating a ratings system, but if this ended there, would I be writing this article? This time the fault does not lie with anything most development houses have control over. The ratings were placed on the games, but for the first few years of their existence, they were pretty much ignored. In addition, the ESRB has no control over the Arcade industry, which is obviously more open to young children than the console market. After all, the average play in arcades at that time was still the magical quarter, and even today's fifty cent pricing is a lot more affordable than paying $50 or more for a new console game. That is what lead to the controversial decision made in one midwestern state about not allowing minors to play violent arcade games without the presence of a parents, and that the screens of such games not even be visible, that was recently voted down.
Of course, as I've said, the first years after the ratings were created were quiet. In retrospect, they probably were a little two calm, because when the storm broke, it broke in a flood that has yet to run its full course. The event that caused this is well known to all of you. The Columbine Massacre. At some point, someone decided that violent videogames had driven the kids over the edge, because they played them. I even read an article that went so far as to say that games such as Doom had made them excellent marksmen, since they were firing much more accurately than they should have for someone of their experience with weapons. I will state right now, no game of any kind had anything to do with the columbine event. Those kids had problems, and while the games certainly did not help, they caused no harm either. The causes of the Columbine Massacre were the problems faced by all teenagers, placed on the shoulders of two boys who were not capable of handling them. The games did not cause their insanity, for taking up arms against defenseless classmates reveals some sort of mental illness surely. Nor did they make them better marksmen. Some people are just good with weapons. I myself am this way, from the first time I picked up a rifle I was a good, not great, but good shot. Maybe they were as well. To sum it all up, no one but the person pulling the trigger can be blamed for Columbine. I get the feeling that I have now stepped into an extremely unpopular light. Yet, I am not afraid to place the blame where the blame should lie. No one blamed the visual arts for World War 2 and the Shoah, despite the fact that Hitler's first love was painting.
Suddenly the violence sometimes contained in videogames was tossed back into a very bright media spotlight. Lieberman and other officials rode back in on their pale horse, saying that the industry was still doing a good job, but it needed to do more. Ratings weren't good enough anymore. They wanted the violence removed from the games. Retailers started cracking down, suddenly ID was needed to buy anything. An interesting side note, many major chains made the requirement to buy Mature games 18+, a year over the established ESRB standard. Luckily for me, the new enforcement coincided with my 17th birthday, but others weren't so lucky. Yet, this is the one factor that is a good thing. The ratings should have been enforced like this for years. I have nothing against a 7 year old playing Grand Theft Auto 3, but I don't think he should be able to purchase it without parental consent either. But the belated activation of the ratings system wasn't enough. One of the main reasons I campaigned against Gore in the 2000 election was because of Joseph Lieberman's new, improved stance on violent games. One of their proposals was to make it illegal for commercials to be shown for Mature games during times when significant numbers of children would be watching television. This new plan would also limit advertisements for R rated movies to this time slot. The times considered okay for their showing were 11:00 pm to 6:00 am. Do I need to explain why this would be death to the industry? There is only a few hours difference between those times, and when phone sex hotlines are allowed to show their commercials. But this is not his ultimate goal. While I've not read this stated anywhere since, during the campaign 2000 press bonanza, I also read that Joseph Lieberman at some point wanted to have Mature games sold under the counter. Again, must I state why this would economic death? The fact is, most mature games do not deserve this treatment. They are being positioned as pornographic material, as material dangerous to the nation's youth, capable of corrupting their minds. This is flagrantly not true.
The waters continued to rise against the newest form of artistic expression. My own beloved home state, Georgia, proposed the Violent Video Game Protection Act , under which it would be a misdemeanor for anyone to sell a game rated Mature to anyone under the age of 18. This isn't as horrible as some of the proposed plans against videogames, but it's hardly to be taken lightly. The fine for selling a minor Resident Evil, a game that is gory, yet holds nothing else profane, would be much, much higher than the nonexistent fine for letting the same minor see American Pie 2 at the theatre. I love both Resident Evil and American Pie, but it should be obvious to anyone familiar with both which one would be more harmful to the youth of America. Another flaw is that the responsibility is placed on the individual person. This is a mixed blessing. On the one hand, Wal*Mart won't be fined for an incompetent employee. On the other hand, what about the poor trainee who makes a mistake? Instant criminal record, that's what. And don't forget that it defines minor as anyone under 18, which basically throws the ratings scales used by all the entertainment industries back in their face. 17+ is apparently not good enough anymore. I'm a strong believer that true age is mental age, and that physical age doesn't mean anything. Some people don't follow this "theory". Yet everyone must realize that the difference between a 17 year old and an 18 year old is slight. The VVGPA has still not passed the GA legislature, and I doubt it will, but it showcases a disturbing trend that's beginning to show.
Unfortunately, two recent events have all but removed the controversy that was beginning to build around the VVGPA. I say unfortunately because one of these events shows how narrow-minded some people can be, even in traditionally liberal occupations. The other is horribly tragic. Sadly, I will begin with the tragedy. If you have not heard about the recent school shooting in Germany, click here and come back when you're done. This event can only be defined as horrible. And violent games have again been mentioned by some as the cause. Why? Let it first be stated that games in Germany have been censored for violence for years. Did it also slip by everyone's attention that the shooter was also a member of a gun club? Which do you really think is more important, the fact that he played a few games, or that he was a member of a club devoted to firearms. Not that I'm saying I'm for gun control, because I'm not. However, credit should be given where credit is due. Since I was a child, I've had a problem with the fact that I may or may not be able to buy a Mature game if I wanted to, but I could almost certainly buy a shotgun or rifle (it's illegal to sell handguns to minors, but not firearms that could be classified as 'hunting equipment'). I often wondered if anyone else had noticed thus, and wouldn't you know it, the geniuses at Penny Arcade have commented on the same thing. I send my condolences to the families involved in the German tragedy, but please, don't make the situation worse by looking for scapegoats. You'll only be easing your own pain at the expense of others.
Now I've come to the most vile point of my rant. Did you know that the first amendment does not apply to videogames? Federal District Judge Stephen Limbaugh seems to think that, as I can quote him as saying that games have "no conveyance of ideas, expression, or anything else that could possibly amount to speech." This is in contradiction to all other court decisions in the matter. Fear not, this ruling will be overturned before long, but it just reveals how some of the old generation views games. Worth mentioning is that it is quite obvious that while the Judge claimed to have reviewed four games in research for his decision, his mind was made up well before he began. This is evidenced both by the games he chose, and the fact that he didn't even bother to get their names correct. The games chosen were Mortal Combat, Fear Effect, Doom, and "The Resident of Evil Creek". That's right folks. Perhaps if the judge had been given Final Fantasy X, ICO, Super Mario 64, or even "The Resident of Evil Creek: Code Veronica", this decision would have turned out differently.
The point of this rant is that videogames are no more harmful than movies, music, books, or a lovely painting. That is to say, not at all. And they are just as effective at conveying ideas. Reflect on this: age is not a physical process, but rather the accumulation of wisdom. So, why are we trying to keep our children from growing up? Life is about taking the bad with the good. Pretending it's not there will not work, it has been tried before. Please, for all of your noble ideals, leave the innocent artists out of this. They are not trying to corrupt your children. They're just saying what they want to say. Here in the United States of America, that's legal. Not even Stephen Limbaugh can change that.


Crossed Reality