The Verdict Is In
So it has come to pass that Casey Anthony has been acquitted of first degree murder of her daughter Caylee. Her lawyer, citing a definitive lack of credible evidence, created a reasonable doubt in the jurors’ minds. Case closed.
Clearly, Casey Anthony will not be anyone’s nominee for a mother-of-the-year award. And the outraged twittersphere will chew on their stunned amazement at her “not-guilty” verdict for a long, long time.
Alas, such may not be the case in the June United State’s Supreme Court decision in Brown ( California ) versus the Entertainment Merchant’s Association. The “nine” ( actually 7-2) voted to reject a California law prohibiting the sale or rental of violent M-Rated ( rated over 17 years) to minors under 18.
Apparently there was a “lack of credible evidence” that created enough of a “reasonable doubt” to convince a majority of the Justices that viewing or playing violent video games would influence young minds and imaginations in ” morally perverse ways. Therefore First Amendment freedoms could not be marginalized. Case closed.
True the California law was vague and would have been difficult to enforce. Noteworthy here is that in the court of public opinion, Casey Anthony will be forever marked as guilty. Likewise childhood advocates and most, unfortunately not all, researchers agree that viewing violence can influence behaviors, desensitize emotions to real-life aggression, and produce a perspective that the real world has a violent landscape.
So while there can be no double jeopardy for Casey Anthony, there may be a return to the courtroom for violent video games: the Court voted 5-4 over whether violence in the media can everbe regulated.
But here’s the thing: the court established decades ago that laws can protect children from sex and pornography in the media. Albeit apparently just not violent pornography against prostitutes as in GTA: Liberty City. But those laws are breached daily by pretty much most programming in cable, movies, games, and the Internet.
And for games that feature, ” killing, maiming, dismemberment, or sexually assaulting a human image” the gaming industry, as well as TV, movies, and the music industry, proudly defend their individual rating systems and device features as evidence that parents can control exactly what their kids view or play. Perhaps those industries are not aware so far that defending it, and marketing it are two remarkably distant entities.
In the life imitating art lesson here, I participated in an Israeli Army training session 3 years ago. At an Army training center we were given M-16 rifles with laser sights and then watched a video on a room-sized screen where various terrorist scenarios were played as live situations. Shooters (of laser bullets) were graded on reaction time, terrorists killed or wounded, and civilians spared, or not. This video exercise has been in place for years to train soldiers to instinctively, recognize, react, and respond appropriately with lethal force. I could say in all honesty that I was certainly desensitized to real life violence after multiple encounters. The true point of the exercise: get use to assessing and shooting quickly and efficiently. And that was after only 30 minutes of ” playing time”. The exercise is about desenstitization. Appropriate for people going to war, not going to school.
Training soldiers to react, shoot, and kill produces shooters like Michael Carneal. At Heath High School in Paducah Kentucky on Dec 1, 1997, Michael, an expert gamer who had never fired a real gun, took a 22 caliber pistol to school, pulled it out in the hall and fired 8 shots in succession. All 8 hit students, 5 head shots. Something law officers can not accomplish most of the time. He was heard to reply after he dropped the gun, ” Kill me please, I can’t believe I did that.”
In 1999, the parents of three victims filed a $33 million lawsuit against two Internet pornography sites, several computer game companies, and makers and distributors of the films Natural Born Killers and The Basketball Diaries. They claimed that media violence inspired Michael and should be held responsible. The 6th U.S. Circuit Court of Appeals ruled it was ” simply too far a leap from shooting characters on a video screen to shooting people in a classroom.” Both the parents’ attorney and the 79th U.S. Attorney General, John Ashcroft went on record as stating that Michael’s proficient marksmanship was due to practice in violent video games.
No small wonder Lt. David Grossman, author of the book, ” Stop Teaching Our Kids to Kill” calls these games “murder simulators”.
We should not be surprised then when kids and teens enter emergency rooms after being shot with real bullets they exclaim, ” I didn’t know it could hurt this much.” Certainly it is a fact that pain or negative consequences of violent acts are rarely seen on screens. Research from the landmark 3 year National Cable Television Violence Study in 1997 demonstrated that conclusively.
For every Cheryl Olsen who maintains there is no “credible evidence” that violent games cause children psychological or neurological harm or make them more aggressive and likely to harm others, the evidence is slowly but surely going to cast “a reasonable doubt” on her assumptions. Many think ample evidence exists to support that connection.
So far we do not know who, or when children are most at risk, what kind of content in these games could cause changes, and how much exposure it takes. But that will change.
But we do know, based on sex and pornography, that books are different than videos. So comparing violence in a book to a video, done by one Supreme Court Justice, seems simplistic at best. And to lump in that consideration that violent games have benefits causes most researchers to reach for their antacids.
With this affirmation of free speech, the two dissenting Justices did reaffirm mother, fathers, grandparents, and caregivers rightful job to filter, monitor, and regulate exposure. You and I both know that with devices galore and connections aplenty, that is now a seemingly endless task.
Note here that the Entertainment Software Ratings Board rated around 1600 games in 2010. That job was done by humans watching a DVD submitted by the game’s publisher, that includes the worst violent, language, and sexual scenes. So evidently, they do not “play” the game. And now the ESRB will now have computers rate online console games for XBox, Wii, and Playstation based on extensive ‘questionnaires’ submitted by the publishers. Humans will not see or review it until the game is on the web. And retail games will continue to be reviewed by ESRB raters- for now. As for the increasing number of app, social„ and mobile games, Apple and Zynga/Facebook has taken no action concerning any ratings system to date.
Casey Anthony’s lawyer, Jose Baez, stated that ” her acquittal was an affirmation of the judicial process” Or was it a legal error that the prosecutor over-reached in charging her with murder? Likewise did the California lawyers legally overstep and suffer the same fate.
Ever the pragmatist, Michael Gallagher, President and CEO of the Entertainment Software Association, called the Brown decision, ” An overwhelming endorsement of the first amendment, the right to free expression.” Additionally, “It’s also a great victory for parents and the rights of parents.”
Really Mr. Gallagher. I am sure if you and Jose Baez put your ears to the rails you will hear a different kind of rhetoric from parents and the public.
The great Harlem Baptist preacher Calvin Butts once declared, ” violence is an American tradition.” It’s also big business now left virtually unfettered. And, at least in the court of this Pediatrician’s opinion, money may not be all it is generating.
My verdict is in.



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