The bit that gets my attention most here is:
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Chief Justice Roberts and Justice Alito, both parents of young children, also seemed to support California's position. Roberts seemed to be most concerned with protecting children from violence in general. In response to Scalia's argument that there was no Constitutional tradition of regulating violent speech, Chief Justice Roberts responded, "We do not have a tradition in this country of telling children they should watch people actively hitting schoolgirls over the head with a shovel so they'll beg for mercy, pour gasoline over them, and urinate on them... We protect children from that."
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I don't think anyone else has mentioned this, but it mentions kids watching things like that. If you remove the whole "video game" bit from this, pretty much everything described there has happened in children's entertainment, with movies created by companies like Disney.
Movies like "The Goonies" and "Home Alone" have included a lot of violence, with people attacking kids, sometimes fairly successfully. In "The Goonies" they grab one kid and threaten to jam his arm into a blender. In "Home Alone" we have the protaganist threatened with torture, and actually see someone getting bludgeoned with a shovel. In movies like "Cloak and Dagger" we have kids getting beaten up and chlorophormed, and a scene where a kid's imaginary friend (his father) gets murdered, and another bit where your lead to believe his actual father dies in a flaming plane crash.
Potty humor is big with kids, and you've got numerous examples of kids in various movies going to the bathroom in inappropriate places, and finding ways to get other kids (or adults) to drink their Urine (lemonade!) and so on.
Now admittedly I can't think of any cases where someone has had all of those things happen to them in sequence in a kids movie, even in the endless streams of misfortune that hit the baddies in things like the "Home Alone" movies, though I'd imagine if viewed objectively there are definatly some slapstick moments that are just as bad in movies that pass as family friendly fare.
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One of the problems I have with this case is that the people who are running defense on video games don't seem to be defending themselves competantly. Not to mention the fact that the Supreme Court Justices that are being reported as being pro-video games/free speech seem to actually be asking questions about what such a law would entail, rather than speaking against it. On some levels the questions seem to be more about how they would want to see it written to apply only to video games as an exception. Of course I'm a cynic.
The thing that gets me about this is that "Postal 2" is actually one of the easier games to defend on artistic merits, since the entire point of the game is a criticism of society. On a lot of levels it's very similar to the old Michael Douglas movie "Falling Down". The situations in the game are exagerrated to make a point, but it's noteworthy that you CAN complete that entire game without actually hurting anyone.
Oh sure, it's a game that parents should probably be keeping out of the hands of kids, but it's not the place of the goverment to perform that regulation. Certainly nobody should be facing criminal charges due to a parent's inabillity to do their job. Ultimatly the goverment is supposed to stay out of things like this entirely which is why we are protected by a constitutional right.
At any rate, the one unmitigated high point of this article is the bit about Mortal Kombat, that was the most direct pro-video game statement that I saw there, as some of the others can be considered pretty ambigious when viewed with enough cynicism.
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At any rate, I'm not a lawyer, but if I had to be running defense against Postal, I'd take that whole sequence: Violence against a schoolgirl, someone being hit with a shovel, someone being lit on fire, and someone being urinated on... and then dig through some children's movies and check off each of those things as happening somewhere, and truthfully I think you could find more than one occurance of each thing with minimal effort. While I can't think of a situation where all of that happens in one scene, I think you could find (as I mentioned before) cases of that many bad/violent things happening in a single sequence.
Honestly, by the same arguement being made against Postal I really do think that by any objctive standard you'd have to ban movies like "The Goonies", "Gremlins", "Home Alone", "The Watcher In The Woods", and "Cloak and Dagger".