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COMMUNET Home

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COMMUNET  October 2002, Week 1

COMMUNET October 2002, Week 1

Subject:

cirtical court case on violence and the media

From:

"W. Curtiss Priest" <[log in to unmask]>

Reply-To:

Community and Civic Network discussion list <[log in to unmask]>

Date:

Wed, 2 Oct 2002 19:00:31 -0400

Content-Type:

text/plain

Parts/Attachments:

Parts/Attachments

text/plain (136 lines)

Is research of the last forty years convincing that
violence in media brings out violence in children?

While annecdotal accounts suggest that some violent
acts of children (such as at Columbine) imitate acts
seen in movies or on television, there is no conclusive
evidence, so far.  For as many who have argued that
such violence brings out aggressive behavior, there have
been many who argue that media (and games) are an "outlet"
for such behavior, curbing it in real life.

Regardless we have this court case which will be of key
importance to further decisions made about this issue:

["fair use," "teachable moment," "archival," Section 107(a), 1976
Copyright Act and 1998 Digital Millennium Act]

THE MEDIA

Appeals court holds key in battle over regulation of violent video
games

By Mark Jurkowitz, Globe Staff, 10/2/2002

o one side, violent video games such as "Doom," and "Fear Effect" are
like cigarettes, harmful products made by a cynical industry that
needs government regulation. To the other side, the games have become
First Amendment symbols in a war against censorship and of the
intrusion of individual morality into public policy.

Which view prevails will be determined when the US Court of Appeals
for the Eighth Circuit rules on whether the sale or rental of
graphically violent video games to minors without parental consent is
a crime in the case of Interactive Digital Software Association v. St.
Louis County, Missouri. If St. Louis County becomes the first
jurisdiction to successfully enact such a regulation, this litigation
could define the boundaries of the First Amendment and give powerful
legal weight to the argument that exposure to media-generated violence
is linked to violence in society.

"It's a huge case," said Daphne White, executive director of The Lion
& Lamb Project, an advocacy group that opposes violent children's
entertainment. "This is not a First Amendment issue at all, and it's
not a censorship issue. It's an issue about giving parents a chance
when they go up against the industry."

"This is fundamentally ... a case about the Constitutional status of
video games and our belief that regulation of this sort doesn't pass
Constitutional muster," said Doug Lowenstein, president of the
Interactive Digital Software Association (IDSA). "The entertaiment
industries are easy targets. ... People want to believe the problem of
violence in this country is easily solved by making less violent video
games and movies."

The case stems from an ordinance passed by the St. Louis County
Council in 2000 that created penalities for businesses that allowed
minors access to video games with "harmful" violent content without
parental consent. (There is an industry rating system for the games,
but it is designed only to inform consumers and carries no regulatory
clout.) The IDSA challenged that ordinance, and earlier this year, US
District Court Judge Stephen Limbaugh - the uncle of talk host Rush
Limbaugh - ruled for the county. That ordinance, which is on hold
pending the outcome of the case, closely mirrors a recent effort by
the city of Indianapolis that was overtuned last year by the Seventh
Circuit Appeals Court.

Now, all eyes are on the Eighth Circuit court that will soon hear the
appeal of Limbaugh's decision. For one thing, Congressman Joe Baca
(D-Calif.) proposed a federal version of the St. Louis measure after
Limbaugh's ruling. And a difference of opinion between the Eighth and
Seventh Circuit Courts could make it more likely that the Supreme
Court would tackle the issue.

"That's what makes the Eighth Circuit case so important," said Scott
Chinn, the Indianapolis city attorney.

Intertwined with the argument about whether the games deserve First
Amendment protection is the hot-button issue that has been debated for
years in media, scientific, and political circles. Does exposure to
violent media imagery create a more violent society?

One weapon in the arsenal of those arguing for a correlation between
video violence and aggression is a July 2000 joint statement from
groups, including the American Academy of Pediatrics, the American
Psychological Association, and the American Medical Association,
concluding "that viewing entertainment violence can lead to increases
in aggressive attitudes, values and behavior, particularly in
children."

"The political question [of regulating these games] is something the
public in general needs to debate, but it needs to be done in the
context of scientific facts," said Craig Anderson, the chairman of
Iowa State University's psychology department whose testimony helped
sway the Limbaugh decision. "I tell parents, ` You need to take
control of your children's electronic diets.' For what it's worth, it
would take a lot of convincing to convince me this is a First
Amendment issue."

On Sept. 24, a group of 33 media scholars - including Amherst College
dean and professor Francis Couvares and Henry Jenkins, director of
MIT's Comparative Media Studies Program - filed a legal brief on
behalf of IDSA, arguing that "censorship laws based on bogus claims
that science has proved harm from violent entertainment deflect
attention from the real causes of violence." Jonathan Freedman, a
University of Toronto professor of psychology whose work is cited by
the scholars, said the science "doesn't prove exposure to media
violence causes aggression. Given how much research has been done, you
have to conclude either there is no effect at all or it is vanishingly
small."

Lurking not far below the legal and scientific rhetoric surrounding
the case is a philosophical chasm that has each side accusing the
other of a kind of cultural arrogance. "It drives these people crazy
that Judge Limbaugh thought these games are not protected by the First
Amendment," said St. Louis County associate counselor Michael Shuman.
"Why is that right superior to the right of the parent to make
decisions for their kids?"

"The legislators who would like to censor violent media content" are
arguing "based on a notion of moral harm or moralism," said Marjorie
Heins, the director of the Free Expression Policy Project. "I think
the media scholars who are challenging this erroneous, if
conventional, wisdom have their work cut out for them."

This story ran on page D1 of the Boston Globe on 10/2/2002. c
Copyright 2002 Globe Newspaper Company.

--


           W. Curtiss Priest, Director, CITS
      Center for Information, Technology & Society
         466 Pleasant St., Melrose, MA  02176
         Voice: 781-662-4044  [log in to unmask]
      Fax: 781-662-6882 WWW: http://Cybertrails.org

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