Government Regulation of Video Game Violence is Unconstitutional and Unnecessary.

In the case of Brown V. Entertainment merchants Associations, the issue raised is that of violent video games being purchased by underage consumers (Oyez). The legal question at issue is Whether or not the First Amendment prevents a state from restricting the sale of violent video games to minors.

In my most recent essay I wrote of the violence attributed to video games in light of various shootings and other tragedies that occurred in the past year or so. In this essay I argued that despite their violent content, video games are not completely to blame for acts of violence committed by children. Throughout this essay I tried to convince the reader by, first, establishing my own credibility with video games, then sharing my own experiences with violent games, and providing both empirical data and valuable insight from trusted sources.

Thousands of teens in the United States play violent video games everyday, for hours on end. Teens and children playing violent games are now accepted as a part of life. They sit in front of a screen and watch blood and gore, with no emotions and without cringing. The games become increasingly more violent, as the age that children begin to play these games drops, from twelve to ten to eight. Now, we have six or seven-year-old children playing games rated M, for 17 and older. Teens should not be allowed to play violent role-playing games because it teaches them that violence is acceptable, that it is fun to be violent, as well as desensitizing them to violence.

A secure link between violent video games and violent behaviors has not yet been proven. Studies have shown numerous design flaws and have used unreliable sources such as noise blast tests to test their theory. Aforementioned only one-eighth of attackers have exhibited interests in video games. A report has not yet been proven to link violent video games with violent behaviors in school shootings but show that behavioral problems come from violent movies and other resources.

“According to data recently released by The NPD Group, in 2012, U.S. video game software sales reached $6.7 billion (174.8 million units) and computer game sales were $380 million (13.2 million units)” (Improving Economy). To many, the violent video game industry has turned all adolescents into mass murderers. However, they’re absolutely wrong. Very seldom do adolescents who play violent video games commit acts of violence, and the ones who do usually have a mental disorder. Instead of blaming the tragedies that occur on violent video games, the news media should explain to people that a large percentage of young males play violent video games, indicating that the two are uncorrelated. They should alternatively research other possible solutions to the crisis. In lieu of negatively affecting people’s lives, video games could potentially improve their lives!

In 2011, the U.S. Supreme Court ruled in the case of Brown v. Entertainment Merchants Association that a 2005 law restricting the sale of violent video games to those under the age of 18 was unconstitutional. The court ruled that the law was not backed by scientific evidence and therefore goes against the first amendment, which requires proof of harm in order to violate. The case came about after a group of politicians expressed concern about the effects violent video games had upon children. Prosecutor Stefen F. Gruel fought in favor of the ban, citing studies and research which displayed a correlation between violent video games and violence in children. Whereas defense attorney Patricia A. Millett argued that the research was not thorough enough and that there is substantial evidence that negates the research Gruel’s used to argue his case. With the ever-increasing video game industry, it is important to fully understand the impacts such technology is having on children positive and negative. I believe that the evidence does not support a correlation between violence in video games and violence in children, though it does support the causation of other possible negative effects. I also do not think the government establishing a ban on violent video games for minors would greatly reduce the number of children playing them due to the culture of violence in the United States.

The Court decided that there was not enough substantive proof that video games established causality between violent video games and violent behavior. The Court then found that the California law did violate minors First Amendment right.

Moreover, many kids deal with violence and can’t control it. As a result of having issues with violence some people play video games to let their violence and anger out. People need to understand that “ [b]ut overall, violent crime is down in the US-indeed, as violent games have become more popular, violent crime has fallen." (Erik Kain 1) The more popular the game is studies show violent

So how is it that it is the fault of video game violence that makes juveniles violent? As much as media coverage will have people think the “wave of violence gripping America’s youth” (Grossman), the truth is violent attacks in America’s schools are “extremely rare events. The odds that a child will die in school through murder or suicide are less than one in one million” (Olson). Increase in news reports about crime just end up raising viewers’ perception of risk, whether or not there is actual danger (Olson).

The most popular games, like Grand Theft Auto IV offer what’s called “free play”. The ability to go where you want and do what you want in the gaming environment. The bigger the virtual world, the more exciting this can be. There are no signs, however, that tell you to punch or shoot someone” (Ulanoff). While Highland talked about how playing video games enough will “make you believe” you can actually do what you are doing inside the game, it goes hand in hand with something that Jones said in his article, Violent Media is Good for Kids. “Suddenly, I had a fantasy self to carry my stifled rage and buried desire for power. I had a fantasy self who was a self: unafraid of his desires and the world’s disapproval, unhesitating and effective in action” (Jones 195). This realization of games being our way of releasing our worries and anger onto the world being the primary reason that video games have become very appealing over the years and their evolution as an escape. Despite any regulations set out by the Entertainment Software Rating Board, or ESRB, video games have been becoming more of a part of people’s lives than ever before, just as Michael Highland stated about his own life.

Here, I stand before you, Your Honor, to represent the California law, which states to restrict the purchase of video games by minors, namely children under eighteen, and appeal the majority’s opinion of Justice Antonin Scalia on Brown v. Entertainment Merchants Association, U.S. Supreme Court (June 27, 2011).

Video games have come a long way since the days of Pong. Advances in technology have allowed games to present state of the art graphics and surreal like qualities to its consumers; from four star simulated battle scenes to enhanced real live fire shoot outs. With all these innovations added to violent video games it attracted the visual needs of our teenage youth. Although video game violence has been blamed for high profile school shootings, video games and its creators should not be held accountable for these tragedies because there is not enough credible evidence to absolutely link video games to outburst of violence amongst juveniles.

Over the past few years, the United States has seen violence that has come from the inside of the country. Various high schools, have had shootings inside of them from some of the high school students that go to that specific school. Some experts blame the shootings by categorizing the students as someone who has been tormented and bullied basically most of life, while other experts believe the shootings were caused by the violence in video games. There has been a lot of nation-wide discussion about if violent video games really do cause violence and aggression in young gamers ever since shootings at high schools increased. However evidence has shown differently than what most experts think. Violent video games do not cause violence and aggression in young gamers.

Although violent video games are thought to encourage real world violence, they actually help to prevent it. I am focusing on violent video games and how they affect juveniles because I feel that this issue needs to be looked at in the criminal justice community. It is an unnecessary distraction to blame the actions of a disturbed youth on a form of entertainment that has been used by millions of people without incident. A review article published in The Psychiatric Quarterly found that many studies which claim to indicate an increase in aggression due to video games are, in fact, biased! Once the bias is taken into account, the studies no longer find any correlation between youths who play violent video games and youths who

There have been several scientific studies to determine if video games do in fact contribute to violence. One study was conducted by experimental psychologist in 2015 at the Oxford Internet Institute at Oxford University. Lead by Dr. Andy Przybykaski, the study included research to observe the behaviors of children during social gaming. Dr. Przybykaski also wanted to review the affects gaming had on education performance in school. One part of the study found that found that children who play