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Yet Another Violent Games Ban

Gamespot reports on a proposed Tennessee bill banning extremely violent games. From the article: "The bill defines the phrase 'extremely violent video game' as 'a video game in which the range of options available to a player includes killing, maiming, dismembering, or sexually assaulting an image of a human being," with a number of clauses specifying that a game would have to be patently offensive to prevailing community standards, among other things, to be considered extremely violent.'"

28 of 257 comments (clear)

  1. Is it really effective? by dusik · · Score: 5, Insightful

    I would hazard a guess that the rare, deranged people who are actually incited to commit violent acts by games and movies will probably play these games regardless if they are legally sold in their state/prefecture/whatever.

    For the rest of us... people need to grow up. We do all agree that it's a game, right?

    1. Re:Is it really effective? by dc29A · · Score: 3, Insightful

      I would hazard a guess that the rare, deranged people who are actually incited to commit violent acts by games and movies will probably play these games regardless if they are legally sold in their state/prefecture/whatever.

      For the rest of us... people need to grow up. We do all agree that it's a game, right?


      Is it really effective? Absolutely! It's just as effective as "War on Drugs" and "War on Terror". I mean we won the "War on Drugs" right? And we are doing great in the "War on Terror"!

      Sarcasm aside, you are absolutely right. People who will want to play these games even after a ban is in place, will be able. Someone has to explain these politicians what's the internet. What will stop people from downloading these games?

  2. The Sims by szembek · · Score: 5, Insightful

    I think there are a lot of unintended games that this proposed bill would affect. Take for instance if you are playing The Sims and put your character in the swimming pool and remove the ladder... they will eventually drown. Wouldn't this fall under killing an image of a human being? Off the top of my head I can't think of any other examples like this, but I'm sure there are plenty.

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    nothing
    1. Re:The Sims by yassax · · Score: 2, Insightful

      Civilization, Age of Empires, Rise of Nations... pretty much any strategy game that involves humans and waging wars. How about MMORPGS. Killed plenty of humans in Ultima Online back in the day.

      You know, while their at it, why don't they just ban life?

      --
      The answer to your next question will be 'not likely'.
    2. Re:The Sims by enjo13 · · Score: 2, Insightful

      You only had to read the SUMMARY to know that this statement is wrong, and yet there are like 5 replies all chiming in taking it to even further extremes.

      The bill (which I strongly disagree with) proposes to ban games which meet a test of objectionability (not unlike restrictions on hardcore adult films).. one of which is games which limit the player to a range of violent options. Clearly the Sims, final fantasy, and the ilk fall outside of this. What is more interesting are games like GTA, which are no more violent than your average rap video. They would likely fail the 'objectionability' test and even those games would be ok. There is a mountain of case law involved here, and it makes banning the sale of conent virtuall impossible, and regulation very difficult.

      --
      Turn s60 photos into awesome videos with mScrapbook for all S60 3rd edition phones!
  3. Not Just Another Bill... by Anonymous Coward · · Score: 5, Insightful

    This bill wouldn't just ban minors from purchasing these games, it bans ANYONE from purchasing them. Since less restrictive bans have been struck down, this bill doesn't stand a chance of taking effect. Still, the fact they're no longer doing this just "for the children", lends weight to the slippery slope arguments that said a ban for minors would lead to a ban affecting adults as well. Scary stuff actually.

    1. Re:Not Just Another Bill... by RobinH · · Score: 5, Insightful

      Still, the fact they're no longer doing this just "for the children", lends weight to the slippery slope arguments that said a ban for minors would lead to a ban affecting adults as well. Scary stuff actually.

      Just for future reference... "slippery slope" is not a valid argument. In fact, it is the name of a logical fallacy. When someone says "new legislation such and such could lead us down a very slippery slope", that's when you can stop listening because they have decisively abandoned logic.

      The logic is like this. If I wanted to walk to the crack house, I have to go one block south, then one block east, so that means I shouldn't go to the blockbuster one block south because that just takes me half way to the crack house. That logic is invalid because it contains a slippery slope falacy - the idea that I shouldn't walk one block south because it is on the way to the crack house.

      To discuss it in your terms, we have existed for many decades in a society that bans alcohol for minors, but allows alcohol for people over a certain age. At one point, alcohol was banned for everyone by democratic choice, and then by democratic choice (and practicality) it was overturned. But most people are ok with minors not being allowed to buy alcohol, even though it would be a step in the direction of banning it for everyone.

      When we draw a line in the sand, we have to know exactly why we're drawing it at that spot. It has to be the right spot. To argue that we can't draw the line because someone in the future might move the line is an invalid argument.

      Personally, I'm against censorship or bans, but think that rating games for their content and restricting sales to minors is the right way to go.

      --
      "I have never let my schooling interfere with my education." - Mark Twain
    2. Re:Not Just Another Bill... by CoughDropAddict · · Score: 4, Insightful

      Just for future reference... "slippery slope" is not a valid argument. In fact, it is the name of a logical fallacy. When someone says "new legislation such and such could lead us down a very slippery slope", that's when you can stop listening because they have decisively abandoned logic.

      You are relying on the assertion that passing "legislation such and such" does not create a political climate where similar legislation is more likely to pass. Without demonstrating this, you have no basis for calling the argument invalid. A slippery slope argument is not inherently a logical fallacy.

      The people who wrote the slippery slope article on Wikipedia claim that "Use of the slippery slope can be valid or fallacious," and I agree with that characterization.

    3. Re:Not Just Another Bill... by JesusPancakes · · Score: 3, Insightful

      I do agree with you that it is a logical fallacy. However, there are times when "slippery slope" effects can actually be observed, e.g. when you give power to your government and they, tantalized by the power over people's lives, grab at more and more. Or (and I hate to use this, but I just discussed it in class) the gradual slide of harm inflicted on Jews in Nazi Germany. First stripped of jobs, then stripped of rights and humanity, and finally stripped of life... well, that's a real-life slippery slope.

      Likewise, the slippery slope of presidental power grabs in the past 50 years (troops for 90 days, rubber-stamp approval of troops indefinitely, spying without issuing a warrant until afterward, spying and never seeking a warrant) demonstrates that there are cases when we slide down a slippery slope.

      It has to do with a lot of silly mental tricks that people have. The overjustification effect causes the line of reasoning that "Well, I could have stopped the government spying, but I just didn't care... so maybe I really do like government spying for my safety!".

      Slippery slope is a fallacy when it's used arbitrarily, but if you provide a real line of reasoning to believe in a slippery slope then it can be a valid fear. For instance, if you provide the reasoning that in a particular case, it has been shown that people are much less sensitive to small changes than large changes, you can empirically demonstrate that each successive choice on a slippery slope becomes more likely as the previous ones come true.

    4. Re:Not Just Another Bill... by sesshomaru · · Score: 2, Insightful
      People shouldn't talk in terms of "slippery slope," they should talk in terms of setting a precedent. Precedent is a very important concept in American law.

      If video games are found not to deserve First Amendment protection then laws can be made against them on a state level for any random reason. In this case, a law would be valid restricting video games because they incite violence in children but it would be just as valid if the argument is made that they incite violence in unstable adults.

      The First Amendment, as it is currently in the Bill of Rights does not make exceptions for age, either it applies or it doesn't. (For example, obscenity is assumed to not have constitutional protection, the Supreme Court has simply said that it is difficult to define. The video games under discussion, though, such as GTA don't fall anywhere near the obscenity catagory. A transcript of the San Andreas story line, for instance, would be 100% protected speech, no question, as would a movie based on events from the game. The reason why TV is restricted is because the limited number of broadcast channels are licensed by the FCC and the license can be revoked if a broadcaster doesn't toe the line. Yeah, that's a weaselly scam, but that's the rational.)

      In fact if this is the case, any state can make any law banning games, as they would no longer be assumed to have Constitutional protection. (For example, if games were considered a cause of obesity, low test scores, or ADD those would all be valid reasons for a ban as well. As would the reason, "we just don't like them in our state.")

      It's true that alcohol isn't banned everywhere in the United States anymore, but there are still dry areas, including in Tennessee, unsurprisingly:

      Lynchburg is located in Moore County, Tennessee which is officially a "dry county". That means, no alcoholic beverages may be sold within Moore County. Ironically, there are 48 warehouses with over 200 million liters of Jack Daniel's Sour Mash Whiskey stored in barrels on the hill outside of Lynchburg. The distillery is permitted to sell special collector bottles of whiskey only to tourists from outside the county. -- Lynchburg, Tennessee
      Alcohol has never been assumed to have constitutional protection, and the Amendment repealing Prohibition didn't change this, just made it no longer constitutionally banned.

      Rulings that have been made, and later overturned, against video games have argued that they are not speech or expression and therefore not entitled to First Amendment protection. However, so far, all such rulings have been over turned, so laws restricting video games are unconstitutional.

      --
      "MIT betrayed all of its basic principles."
    5. Re:Not Just Another Bill... by BluedemonX · · Score: 2, Insightful

      I think what we are looking for here is "precedent" not slippery slope.

      I agree that arguing whether to do this or not to do this on slippery slope.... is not really that valid. Just because you allow same sex marraige doesn't mean you're going to legalize incest.

      However, what worries me more is the notion of precedent - that if they're allowed to get away with banning sales of a video game to adults with a violent context then the next thing down the pipe will be a ban on something else, and they'll hold up State vs Jenkins as proof positive that there's LEGAL PRECEDENT to carry on with the march towards the utopian society the usual suspects want to legislate into being.

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      --- Jump!! Fire!! Bullet time!! - Lego version of the Matrix
    6. Re:Not Just Another Bill... by Stormy+Dragon · · Score: 2, Insightful

      The term "Slippery Slope" actually refers to two distinct types of argument: a "Semantice Slippery Slope" and a "Causal Slippery Slope".

      A semantic slippery slope is an argument where one argues that because the boundary between two sets is undefined, the two sets are actually identical.

      For example: people can have verying number of hairs on their head. People with few hairs are bald. People with many hairs aren't. However there is no number X for which we can say that all people with less than X hairs are bald and all people with X or more hairs aren't. Therefore there is actually no real difference between being bald and not being bald.

      A causal slippery slope is an argument where one makes a series of causal statements: A lead to B, B leads to C, etc. and then argues that therefore doing A will ultimately lead to some undesirable X.

      The distinction between the two is important because while the first type of argument is always a fallacy, the second type may or may not be one. The validity of the second argument depends on how strong the casuality in each of the steps making up the chain actually is. In your crackhouse example, for instance, the argument is a fallacy not because of the slippery slope, but because one of the subteps (going a block south necessarily leads to going a block east) isn't true.

    7. Re:Not Just Another Bill... by tgibbs · · Score: 3, Insightful

      Just for future reference... "slippery slope" is not a valid argument. In fact, it is the name of a logical fallacy. When someone says "new legislation such and such could lead us down a very slippery slope", that's when you can stop listening because they have decisively abandoned logic.

      Your statement is logically equivalent to the assertion that "slippery slopes" do not exist--i.e. there are no circumstances such that change in one direction is much easier than the other. Considering that there are many physical circumstances in which such is the case--including a literal slippery slope, as well as innumerable examples of thermodynamically irreversible reactions in chemistry and physics, this is a fairly remarkable assertion. What empirical evidence can you provide to support the radical claim that this cannot occur in legal or social contexts?

  4. Not just Violence, but sex too.. by crotherm · · Score: 5, Insightful



    Tennesse also is trying to ban sex toys.

    Some people really need to mind their own business.....

    --
    "Those who make peaceful revolution impossible, make violent revolution inevitable" - JFK
  5. Sigh. by Perseid · · Score: 4, Insightful

    I don't think these bills are even intended to be passed anymore, much less enforced. I think these politicians are merely pandering to the religious fringe by creating these laws so that they can later say, "I tried. Vote for me so I can try again."

    There's no way these people can be as stupid as they seem.

    1. Re:Sigh. by Liberal+Mafia · · Score: 2, Insightful

      You're close. They know a judge will overturn these monstrosities as unconstitutional. Then they denounce the "activist judges" and look good to their constituents.

      It's a fun game for the wingnuts. The real victims are the judicial system and the country, and who cares about those?

  6. Contradictions by ClamIAm · · Score: 4, Insightful

    Guns? OK! Simulation of guns? NO!

  7. Hah by Kittie+Rose · · Score: 2, Insightful

    Trying to enforce a violent video game ban on America is a lot like trying to block out Porn in Germany.

    --
    EpiAdv - if you like Pokey the Penguin, try this comic!
  8. it would be an ironic game to have to import by TheAxeMaster · · Score: 2, Insightful

    And I suspect that if this even had a chance of passing, the import market would grow to fill the gap.

  9. Re:image of a human being by realmolo · · Score: 2, Insightful

    Yeah, that's going too far, but so what? It's just a game. No one gets hurt. Nobody *can* get hurt, because there are no real people involved.

    If we let our government start banning things that might give us "impure thoughts", then we're fucked.

  10. Maybe they should visit Newport, TN by zymurgy_cat · · Score: 4, Insightful

    Before you TN residents/lovers start bashing me, I have to say I like the state. Very beautiful and the mountains/hills are great. I've got some real neat photographs of thunderstorms running through valleys.

    That said, if these guys want to make laws, maybe they should look at Newport, TN. They had a big cock fighting ring busted down there. They even snagged cops and judges in the bust. Before cock fighting, it was stolen cars. Before that, drugs. Before that, moonshine. Although I'm fairly libertarian, I'd say if they want to work on eradicating "bad" behavior, maybe they should work on other things....

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    -- Fugacity: Confusing chemists since 1908
  11. Anyone know what gun laws in Tennessee are like ? by javaxman · · Score: 3, Insightful
    I don't know about today, but I seem to recall a friend of mine from Tennessee telling me that it was all the rage in his hometown to wear a holster with a gun in it... as it was perfectly legal to walk around with a loaded weapon, just so long as you weren't concealing it.

    Sometimes, all you can do is shake your head, ask the obvious questions, and try to make the best choice you're allowed to at the ballot box...

  12. If I can't kill people in video games... by ivanmarsh · · Score: 2, Insightful

    I may just start killing people in real life.

    There's nothing more relaxing after a long frustrating day dealing with morons than going home and shooting Nazi's in the head and watching their little helmets pop off.

    I don't think it would be a very good idea to take away the one safe outlet I have for my anger.

  13. Gotta Do Something! by Chuckstar · · Score: 3, Insightful
    Guys, its really easy to argue free speech and all, but don't we need to take drastic measures to try to put a dent in this unprecedented crime wave we've been seeing since violent video games became epidemic.

    Oh, wait ...

  14. Yeah by Viriatus · · Score: 1, Insightful

    let's ban videogames because they are violent. Let's send our children to fight in Iraq instead.

  15. 'slippery slope' doesn't depend on logic. by illiterate_light · · Score: 1, Insightful

    The 'slippery slope' argument is not a logical fallacy; in fact, it doesn't rely on logic for its forcefulness, but rather on empirical observations. Put another way, it is inductive rather than deductive -- there is no logical connection between drawing a line in the sand somewhere, and the likelihood that having done so will lead to moving that line in the future. There is, however, substantial empirical evidence to support the warning that making small concessions might lead to more substantial concessions in the future (or whatever the context); once a particular issue is converted into a non-binary format, it becomes much easier for people to move their preference another step or two along the spectrum -- or 'slippery slope.' As an example, once people grow comfortable letting the government listen in on certain phone conversations for certain limited purposes, they tend to become more likely to grow comfortable allowing the government to expand its ability to intrude in that way in the future.

    To bring it back to the deductive/inductive distinction, it's like the classic example in logic class, that seeing 100 white swans doesn't make it logically any more likely that the next swan you see will be white. Of course, this is correct, as far as it goes. But that doesn't negate the usefulness of induction altogether; it merely distinguishes it from deduction. As a matter of fact, induction can be quite instructive -- I can assure you that if I observe 100 swans and observe that all of them are white, and have a chance to bet on the color of the next random swan that I will see, I will eagerly put my money on white. The likelihood that I'm going to be right may not be grounded in logic, but that doesn't make it irrational to expect to be right. Rather than logic, I am, instead, relying on the likelihood that my observation of the repetition of some fact is the result of some underlying principle that I haven't yet uncovered. Or in the case of the slippery slope, I am relying on past observations of human behavior, and the likelihood that it will continue to be as I have observed it to be in the past -- namely, that once people give a little on an issue, they will be more likely to give a little more in the future, than they would be if they held firm from the start.

    In summary, the slippery slope argument is not logical, but neither is it fallacious.

  16. Re:Like the Miller test of "adult" works by Qzukk · · Score: 3, Insightful

    God, our country needs yet another "Miller test" like I need a hole in my head.

    The Miller test has long been a club for the government to threaten whoever it doesn't like at the time. So lets look at it in terms of games: Do you think your game is not "too violent"? The government thinks it is. So you trot out an average person who thinks its not too violent. The government trots out their well paid expert "more average than you" witness to claim it is. Uhoh, there goes part 1. If you've come this far, your game probably already has people being killed or wounded or maybe just gets a papercut. So, part 2. So now you start trotting out the expensive expert witnesses for part 3. Ebert and Kojima say games aren't art. Who do you have to convince the jury that games are, some kid with a website?

    All of this... only after your game ships because it's impossible to know if something will offend someone until after you've offended them. The only safe thing to do in a world of Miller tests is "nothing".

    --
    If I have been able to see further than others, it is because I bought a pair of binoculars.
  17. Re:Not all regulation is bad by Big_Al_B · · Score: 2, Insightful

    There are some things that should be off limits. My reasoning is this: Games allow us to simulate life (not necessarily reality) in a consequence free atmosphere.

    Like a book. Or a movie. Or a play. Or a TV show. Or a song. Or a poem. Or a campfire story...

    I personally do not want the general public to find entertainment in simulating the rape of another individual. The effect on the individual is not something that I find acceptable.

    Fine. Just as long as you're intellectually consistent enough to suggest we ban much of the entire literary genres of pulp crime fiction, thrillers and horror. And many dramatic films, and popular television dramas, perhaps some plays.

    What is the argument for including this type of choice into games? Do you believe it will enhance the gaming experience? Is it simply a matter of principle and free speech?

    I guess the argument is that games are just one form that may portray dramatic antagonism, violent conflicts and mature themes, and it's confusing to some folks why people single them out from the bulk of fictional entertainment.

    A video game is no more engaging to the imagination than reading a book. In fact, I'd argue they're much less engaging.