By
Jose Gonzalez
Dr. Aaron Bazzoli
Park University
MG 261
01 December 2013
Outline
Purpose Statement: To provide an understanding what are some of the legal and ethical issues concerning violence in video games, what are some of the laws and court cases that protect the sale of violent video game to minors, and provide several examples of the psychological effects video games have had on our youth?
I. What are some of the legal and ethical issues concerning violence in video games?
A. History
B. Legal Issues
C. Ethical Issues
II. What are some of the laws and court cases that protected the sale of violent video game to minors?
A. First Amendment
B. Supreme Court Case …show more content…
III. What several examples of the psychological effects violent video games have had on our youth?
A. Aggression Behavior
B. Psychiatric Symptoms
C. Addictive Behavior
IV. Conclusion
Do Violent Video Games Kill It seems one cannot turn on the television without hearing in the news about another shooting, whether in a school, mall and/or theater. Anderson, Gentile and Buckley (2007) made the argument, how a few researchers began exploring potential harmful effects violent video games had on children in the 1980s, but it was the rash of school shootings that began in the late 1990s that attracted the attention of the general public. Sternheimer (2007) also discussed how the controversy over violent video games first resurfaced following the massacre of 13 people at Columbine High School in Jefferson County, Colorado on Apr. 20, 1999. The two teenage shooters were revealed to be avid players of weapon-based combat games, such as Wolfenstein 3D and Doom. Following the shooting, 176 newspaper articles across the country focused on the allegation that video games were the cause of the tragedy. Unfortunately, as we have seen many more school shootings, and youth violence, have once again brought this issue back to the limelight. However, in order to have a fundamental understanding if violent video games could have been the cause of the Columbine High School massacre, or many other youth shootings, we need to look at some of the history, legal and ethical issues concerning violence in video games, as well as some of the laws and court cases that protect the sale of violent video game to minors, and provide several examples of the psychological effects video games have on our youth. To get a better understanding whether violent video games constitute youth violence, let us first take a look at the history violent video games, legal and ethical issues concerning violence in video games. The history of violent video games can be traced back to 1976, in an article from Forbes called “A History of Virtual Violence”, Greenberg (2007) stated that “gaming has been pushing cultural boundaries for more than 30 years, testing, and often crossing, the limits of good taste and social tolerance.” According to Kocurek (2012) Assistant Professor of Digital Humanities and Media Studies at the Illinois Institute of Technology, discussed how in 1976, “Exidy 's Death Race game triggered the United States’ first video gaming moral panic. Public outrage not only fueled sales of the game and made Exidy a household name, but established a pattern by which controversial games received high levels of press attention, which in turn made these games a marketplace success”. As the years passed, video games have become more violent which have led people to take notice. The technological advances in computing and graphics power have continued to increase at an astronomical rate during the past decade, allowing the graphics and gameplay to become more violent and even more realistic. Greenberg (2007) also argued, that in 1994, the outcry over the games’ violence led to the creation of the Electronic Software Rating Board, a rating system designed to regulate the age of children given access to certain games. A rating of “M” for mature limited the game to players aged 17 and over; the rating “AO”, usually reserved for pornographic games, means that the game is removed from the shelves of most major retailers. Unfortunately, this would not last for long and as the outcry of these violent video games continued, some legal and ethical issues began surface. One of the most important legal issues the courts have consistently ruled is whether the fact computer and video games are protected by freedom of speech. Efforts by legislative bodies to ban or limit access to, or sale of, games they find objectionable have unavoidably run afoul of the First Amendment of the United States Constitution. There have been many court cases through the years, which will be discussed later in this paper. Unfortunately, many ethical issues also have been discussed by the public sector. Year after year, new games are released with even more improved visuals and game play than the previous selection of video games. But, in some games, better visuals and game play is not the only thing added into the game, some games are also loaded with questionable ethical issues and concerns. The Markkula Center for Applied Ethics (2005) made an argument that “some players and developers argue that video games are better at teaching logic and problem-solving skills than many school curriculums. And undeniably, video games bring players pleasure.” However, how can we weigh these benefits against the potential ethical issues and concerns that have been attributed to violent video games, such as addiction, gender stereotyping, and the promotion of violence? The Markkula Center for Applied Ethics (2005) also provided a list of some examples of famous violent video games that have ethical issues or concerns:
Resident Evil 5 – high number of racial stereotyping and abuse, this game features a white male killing black enemy, who lives in a small African village.
Grand Theft Auto: San Andreas – prostitution, drug dealing, and racist stereotyping, including an African American person as the main character, always stealing motorcycles.
Then there is Final Fantasy and Legend of Zelda – which promotes gender stereotyping.
As we can see, there are many examples of violent video games that have legal and ethical issues which concern the public, political officials, but specifically the parents of the young kids that play such games. So the question to ask is why these violent unethical video games are still around, and more importantly, why are they accessible to our young kids? To get a better understanding we have to look at the laws and some court cases that protected the sale of violent video games, to include the sale to minors. According to the Legal Information Institute (2010), the First Amendment states, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.” As mentioned earlier, the courts have had to consistently rule whether violent video games are protected under the First Amendment “Freedom of Speech”. In an interesting article from the New York Times, Schiesel (2011) stated, “it is now the law of the United States that video games are art. It is now the law of the United States that video games are a creative, intellectual, emotional form of expression and engagement, as fundamentally human as any other.” Holland (2011) wrote how in the Supreme Court case of Brown v. Entertainment Merchants Association, the Supreme Court struck down on First Amendment grounds a California law that banned the sale of violent video games to children. He continues by stating the Justices in a 7-2 vote ruled that States cannot ban the sale or rental of ultraviolent video games to children, they rejected such limits as a violation of young people 's First Amendment rights and leaving it up to parents and the multibillion-dollar gaming industry to decide what kids can buy, the Justices made the argument that the California 's 2005 law covering games sold or rented to those under 18, is a unconstitutional violation of free-speech rights. Here, we have the highest court of the land ruling that violent video games are protected, like those of books, movies and plays. And now, video games as vulgar, crude, disgusting and thoroughly unredeeming as they often may be have finally been fully recognized as a worthy element of our culture. How can these violent video games be considered the same as books, plays and movies? Unlike plays, books and movies, in these violent video games the individuals, to include children, are in a virtual situation in which they must act and make choices whether to kill, rape, steal, be vulgar, or even be racist in order to win or get rewarded. Is this what we want to teach our children? Let us take a look, according to some studies done, what are some of the psychological affects violent video games may have on the individuals that play them. Carey (2013) author of a New York Times article called “Shoot in the Dark” made some interesting points. He discussed how the young men who opened fire at Columbine High School, at the movie theater in Aurora, Colo., and in other massacres had this in common: they were video gamers who seemed to be acting out some dark digital fantasy. It was as if all that exposure to computerized violence gave them the idea to go on a rampage or at least fueled their urges. According to the same article, social scientists have been studying and debating the effects of media violence on behavior since the 1950s, and video games in particular since the 1980s. The issue is especially relevant today, because the games are more realistic and bloodier than ever, and because most American boys play them at some point (Carey, 2013). There are however, some psychologists that say there is no link between the increase violence in youths and between violent video games. Layton (2011) commented that “the basic claim in the video-game controversy is that video games are even more likely to affect people 's behavior than TV because of their immersions. People do not just watch video games; they interact with them. The games are also so repetitive and based on a rewards system. Repetition and rewards are primary components of classical conditioning, a proven psychological concept in which behavioral learning takes place as a result of rewarding (or punishing) particular behaviors. Also, since the brains of children and teens are still developing, they would in theory, be even more susceptible to this type of training. They are likely to have aggressive, psychiatric symptoms, and/or addictive behaviors.” Also, in a 2000 study involving college students yielded interesting results. They found that children who play violent video games experience an increase in aggressive actions (Layton, 2011). The study provided an example of an 18-year-old young man named Devin Moore who was arrested in Alabama on suspicion of car theft. The police officers brought him into the station and started booking him without any trouble. Minutes later, Moore attacked one police officer, stole his gun, shot him and another officer and then fled down the hall and shot a 9-1-1 dispatcher in the head. He then grabbed a set of car keys on his way out the back door, got in a police car and drove away, Moore had no criminal history. According to the lawsuit filed against video game companies after the incident, Moore had been playing a lot of Grand Theft Auto before the killings. At least on the surface, the connection between Moore 's game play and his aggressive real actions is logical: In "Grand Theft Auto," players steal cars and kill cops (Layton, 2011). Carey (2013) stated that a burst of new research has begun to clarify what can and cannot be said about the effects of violent gaming. Playing the games can and does stir hostile urges and mildly aggressive behavior in the short term. Moreover, youngsters who develop a gaming addictive behavior will also become slightly more aggressive, as measured by clashes with peers, for instance, at least over a period of a year or two. Another study from an article from Canvas Health (2013) called, “A Case against Violent Video Games”, makes the argument that in a recent study it showed that “video games desensitize (children) to real violence, leaving children with less able to have empathy and more prone to acts of violence.” Another study from the same article concluded that “playing violent video games and the amount of time playing violent video games are risk factors for delinquency and violent behavior.” As discussed earlier, Columbine killers Dylan Klebold and Eric Harris were reported to be immersed in a violent video game (Doom and others) and it has been widely speculated that this, to some degree, desensitized them to killing and in a sense, “trained” them to “point and shoot.” Anders Breivik, who killed 69 and wounded 110 children in Norway in 2011, stated the he used the video game Call of Duty as a training aid to kill (Borchgrevink, 2103). There are many examples of how according to studies and the individuals themselves violent video games have a negative effect on them. There are many more recent incidents, like Sandy Hook, or a another recent murder/suicide shooting in Utah of a 15 and 12 year boys , and others that are still being studied to see if violent video games have had any effects on these young adults violent behavior. We have seen from the above examples that some studies have shown that violent video games do have a negative effect on today’s young people. I tried making my points by providing the history of violent video games, some legal and ethical issues concerning many to today’s society, as well as discussing the law and court case that protects the sale of these violent games to our youth and provided examples of some studies and individuals that show the negative effects of playing violent video games. However, do we know enough to realistically prove that violent video games were the ones to make these individuals act so violently? Can it be something else? So we go back to the beginning, do violent video games kill? Well, it all depends on the situation, and as I have tried to show, the law and courts are making it easier for our young kids to have access to these games, can they be somewhat at fault as well? They have been many studies done and not all prove this to be the case, but many others are hard to ignore. I have to believe that these video games with their violence and ethically wrong issues within them cannot be good. They do sensitize today’s kids and make them immune to what is wrong or right. I believe I have just touched the tip of the iceberg on this issue, parents, manufacturers, retail stores, and the positive role models can all have an influence. Who is going to stand up for our children? So again, do violent video games kill? Yes, I think they do.
References
A Case Against Violent Video Games.
(2013, April 3). Retrieved November 24, 2013, from Canvas Health: http://www.canvashealth.org/2013/04/a-case-against-violent-video-games/
Anderson, C. A., Gentile, D. A., & Buckley, K. E. (2007). Violent Video Game Effects on Children and Adolescents: Theory, Research, and Public Policy. New York: Oxford University Press.
Borchgrevink, A. (2013). A Norwegian Tragedy; Anders Behring Breivik and the Massacre on Utøya. (G. Puzey, Trans.) Malden, MA: Polity Press.
Carey, B. (2013, Feruary 11). Shooting in the Dark. Retrieved November 24, 2013, from New York Times: http://www.nytimes.com/2013/02/12/science/studying-the-effects-of-playing-violent-video-games.html?_r=0
Ethics, M. C. (2005, November 29). Video Gaming: Playing With Ethics? Retrieved November 20, 2013, from Santa Clara University: http://www.scu.edu/ethics/publications/submitted/video-games.html
Greenberg, A. (2007, June 18). A History Of Virtual Violence. Retrieved November 14, 2013, from Forbes: http://www.forbes.com/2007/06/15/games-violence-columbine-tech-cx_ag_0618videogames.html
Holland, J. J. (2011, June 27). Supreme Court: California Can 't Ban Violent Video Game Sales. Retrieved November 23, 2013, from The Huffington Post:
http://www.huffingtonpost.com/2011/06/27/supreme-court-california-vilent-video-game_n_885274.html
Institue, L. I. (2010, August 19). U.S. Constitution , First Amendment. Retrieved November 20, 2013, from Cornell University Law School: http://www.law.cornell.edu/wex/first_amendment
Kocurek, C. A. (2012, September). The Agony and the Exidy: A History of Video Game Violence and the Legacy of Death Race. The international journal of computer game research, 12(1). doi:1604-7982
Layton, J. (2011). Do violent video games lead to real violence? Retrieved November 24, 2013, from HowStuffWorks.com: http://electronics.howstuffworks.com/video-game-violence1.htm
Schiesel, S. (2011, June 28). Supreme Court Has Ruled; Now Games Have a Duty. Retrieved November 23, 2013, from The New York Times: http://www.nytimes.com/2011/06/29/arts/video-games/what-supreme-court-ruling-on-video-games-means.html?_r=0
Sternheimer, K. (2007). Do video games kill? When white, middle-class teens kill, the media and politicians are quick to blame video games. Are they right? American Sociological Association, 6, 13-17. doi:ctx.2007.6.1