US Supreme Court rules video games are protected speech
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Wednesday, June 29, 2011
In a 7-2 decision handed down on Monday, the US Supreme Court struck down California’s violent video game law and ruled that video games are protected speech covered by the First Amendment. The California law banned the sale and rental of violent video games to minors.
The underlying question was whether the violence in video games has the ability to affect children more than violence in other media, such as books, movies, plays and other forms of entertainment.
| Video games qualify for First Amendment protection. Like protected books, plays, and movies, they communicate ideas through familiar literary devices and features distinctive to the medium. | ||
Justice Antonin Scalia, writing for the majority, said that depictions of violence have never been regulated by the US government. Thus violent videos are not to fall under government control as does pornography but is to be accorded the same First Amendment protections as other forms of entertainment. The sale of violent video games is not to be criminalized and California’s attempt to do so was “unprecedented and mistaken.” Scalia noted, referring to fairy tales, that “the books we give children to read—or read to them when they are younger—contain no shortage of gore.”
| [T]he books we give children to read—or read to them when they are younger—contain no shortage of gore. | ||
The beginning of the decision states, “Video games qualify for First Amendment protection. Like protected books, plays, and movies, they communicate ideas through familiar literary devices and features distinctive to the medium. And ‘the basic principles of freedom of speech…do not vary’ with a new and different communication medium.”
“The most basic principle—that government lacks the power to restrict expression because of its message, ideas, subject matter, or content, Ashcroft v. American Civil Liberties Union, 535 U. S. 564, 573—is subject to a few limited exceptions for historically unprotected speech, such as obscenity, incitement, and fighting words. But a legislature cannot create new categories of unprotected speech simply by weighing the value of a particular category against its social costs and then punishing it if it fails the test.”
The justices were not convinced by the existing research that the interactive nature of video games pose a greater risk to society because of their interactive nature. None of the results of the existing research put before the court showed that violent games cause violent behavior. “Psychological studies purporting to show a connection between exposure to violent video games and harmful effects on children do not prove that such exposure causes minors to act aggressively. Any demonstrated effects are both small and indistinguishable from effects produced by other media. Since California has declined to restrict those other media, e.g., Saturday morning cartoons, its video-game regulation is wildly under-inclusive, raising serious doubts about whether the State is pursuing the interest it invokes or is instead disfavoring a particular speaker or viewpoint.”
According to Nadine Kaslow, professor and chief psychologist at Emory University Department of Psychology and Grady Hospital, the evidence regarding the effects of violent video games is mixed. While there is evidence to suggest that exposure of children to violence results in more aggressive and less pro-social behavior, some studies show there is no negative effect, she said. She point out that toy guns were popular and parents monitored whether toy guns were allowed in the home.
This ruling does not prevent private retailers from placing restrictions on their sale of video games. The video game industry currently has its own rating system, much like that used for movies, and educates retailers in using the rating system to prevent minors from buying mature-rated games. According to PC World the industry’s compliance is better than that of other entertainment industries. Further, parental controls have been added to game consoles.
The view of the Entertainment Software Association that a better strategy is the education of parents rather than court battles.
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Fiddle Legend Vassar Clements dead at 77
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Wednesday, August 17, 2005
Vassar Clements, age 77, a legendary fiddle player who took bluegrass music from an obscure cultural art form to a mainstream influence, and who played on over 2000 albums, passed away at his Goodlettsville, Tennessee home August 16th 2005 at 8:35 am Nashville time (CST) from lung cancer which had metastasized to his liver and brain.
Mr. Clements taught himself to play the fiddle at age 7, and though he had no formal training was recognized as one of the world’s most versatile fiddle players and was considered a virtuoso. The first song he learned was “There’s an Old Spinning Wheel in the Parlor”. He described his talent saying, “It was God’s gift, something born in me. I was too dumb to learn it any other way. I listened to the (Grand Ole) Opry some. I’d pick it up one note at a time. I was young, with plenty of time and I didn’t give up. You’d come home from school, do your lessons and that’s it. No other distractions. I don’t read music. I play what I hear.”
He didn’t always earn his living playing music, though. In the mid-1960s he was employed briefly at the Kennedy Space Center in Florida, where he worked on plumbing. He also performed several other blue-collar jobs including work in a Georgia paper mill, as switchman for Atlantic Coast Railroad; he even sold insurance and once owned a potato chip franchise.
In his 50 year career he played with artists ranging from Woody Herman, and the Nitty Gritty Dirt Band to The Grateful Dead, Linda Ronstadt and Paul McCartney, and earned at least five Grammy nominations and numerous professional accolades. He once recorded with the pop group the Monkees by happenstance, when he stayed behind after an earlier recording session. He also appeared in Robert Altman‘s 1975 film “Nashville”.
His 2005 Grammy award for best country instrumental performance was for “Earl’s Breakdown,” by the Nitty Gritty Dirt Band, and featured Mr. Clements, Earl Scruggs, Randy Scruggs and Jerry Douglas.
Mr. Clements, whose last performance was February 4 in Jamestown, N.Y., was hospitalized earlier this year for 18 days to receive chemotherapy and other treatment. He had been diagnosed in March 2005.
Born in Kinard, South Carolina, his musical career began at age 14 when he associated with Bill Monroe, and later officially joined the Blue Grass Boys band where he remained for seven years. In 1957 he joined bluegrass band Jim & Jesse McReynolds where he remained until 1962. In 1967 he returned to Nashville where he became a much sought after studio musician.
After a brief touring stint with Faron Young he joined John Hartford‘s Dobrolic Plectral Society in 1971 when he met guitarist Norman Blake and Dobro player Tut Taylor, and recorded Aereo Plain, a widely acclaimed newgrass album that helped broaden the bluegrass market and sound. After less than a year he joined Earl Scruggs, who first earned widespread renown for playing the theme to sitcom The Beverly Hillbillies.
His 1972 work with the Nitty Gritty Dirt Band on their album Will the Circle Be Unbroken earned him even wider acclaim, and later worked with the Grateful Dead’s Wake of the Flood and Jimmy Buffett‘s A White Sport Coat and a Pink Crustacean.
Though he played numerous instruments, Mr. Clements indicated that he chose the fiddle over guitar recalling that, “I picked up a guitar and fiddle and tried them both out. The guitar was pretty easy, but I couldn’t get nothing out of the fiddle. So every time I’d see those instruments sitting side by side, I’d grab that fiddle.”
Big band and swing music were considerable influences upon his style and musical development, and he said that, “Bands like Glenn Miller, Les Brown, Tommy Dorsey, Harry James and Artie Shaw were very popular when I was a kid. I always loved rhythm, so I guess in the back of my mind the swing and jazz subconsciously comes out when I play, because when I was learning I was always trying to emulate the big-band sounds I heard on my fiddle.”
His last album ‘Livin’ With the Blues’, released in 2004, featured guest appearances by Elvin Bishop, Norton Buffalo, Maria Muldaur and others.
Mr. Clements’ daughter Midge Cranor wrote on his website [1] that “As I was still holding his hand his breathing stopped. I looked at the clock and it was 7:20 am.”
Mr. Clements’ remains have been transported to Bond Memorial Chapel, 1098 Weston Drive, Mt. Juliet, TN 37122; (615) 773-2663.
