U.S. Senator Sam Brownback (R-Ks) Holds a Hearing On Violent Video Games Regulation

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U.S. Senator Sam Brownback (R-Ks) Holds a Hearing On Violent Video Games Regulation

U.S. SENATE JUDICIARY COMMITTEE: SUBCOMMITTEE ON CONSTITUTION, CIVIL RIGHTS AND PROPERTY RIGHTS HOLDS A HEARING ON VIOLENT VIDEO GAMES REGULATION

MARCH 29, 2006

SPEAKERS: U.S. SENATOR SAM BROWNBACK (R-KS) CHAIRMAN U.S. SENATOR ARLEN SPECTER (R-PA) U.S. SENATOR LINDSEY O. GRAHAM (R-SC) U.S. SENATOR JOHN CORNYN (R-TX) U.S. SENATOR TOM COBURN (R-OK)

U.S. SENATOR RUSSELL D. FEINGOLD (D-WI) RANKING MEMBER U.S. SENATOR EDWARD M. KENNEDY (D-MA) U.S. SENATOR DIANNE FEINSTEIN (D-CA) U.S. SENATOR RICHARD J. DURBIN (D-IL) U.S. SENATOR PATRICK J. LEAHY (D-VT) EX OFFICIO

WITNESSES: REVEREND STEVE STRICKLAND, BROTHER OF ARNOLD STRICKLAND, POLICE OFFICER KILLED BY TEENAGER IN 2004, FAYETTE COUNTY, AL

ELIZABETH CARLL, CHAIRMAN, INTERACTIVE MEDIA COMMITTEE, MEDIA PSYCHOLOGY DIVISION, AMERICAN PSYCHOLOGICAL ASSOCIATION, LONG ISLAND, NY

DMITRI WILLIAMS, ASSISTANT PROFESSOR OF SPEECH COMMUNICATION, UNIVERSITY OF ILLINOIS AT URBANA-CHAMPAIGN, URBANA, IL

DAVID BICKHAM, RESEARCH SCIENTIST, CENTER ON MEDIA AND CHILD HEALTH, HARVARD MEDICAL SCHOOL, BOSTON, MA

PATRICIA VANCE, PRESIDENT, ENTERTAINMENT SOFTWARE RATING BOARD, NEW YORK, NY

STATE REPRESENTATIVE JEFF JOHNSON (R-MN), ASSISTANT MAJORITY LEADER

PAUL SMITH, PARTNER, JENNER & BLOCK LLP

KEVIN SAUNDERS, PROFESSOR OF LAW, MICHIGAN STATE UNIVERSITY, EAST LANSING, MI

[*] BROWNBACK: The hearing will come to order.

Thank you all for joining us here today. I'm sorry to be late. We had a long caucus discussion on immigration, one of the key hot topics of the day.

I'm delighted for the witnesses here and the people present, and my colleague, Senator Feingold, who I know is also interested in this issue. And his colleague, Senator Kohl, has been one of the leaders on this topic for many years. I follow his lead on it.

We're here today to discuss the recent developments in state efforts to restrict the sale of violent video games to minors. We've got a video that we're going to show briefly here about some of the recent games out, some of the cop killer games that I want people to get a good view of what we're talking about.

Since 2001, four states and two cities have passed laws restricting minors' access to violent video games. The video game industry successfully challenged each of these laws in federal court. Four district courts and the 7th and 8th Circuit Court have granted injunctions barring enforcement of these laws. Despite this, 15 other states have introduced similar legislation. I believe we have a chart that shows the states that are proceeding down this line.

The court's decisions in these cases were primarily based on the failure of the states to show a compelling state interest necessary to justify the regulations. That's what we want to talk about today.

Several judges noted past studies which linked media violence to aggressive behavior in children. They were not convinced, however, that such evidence justified restrictions on minors' access to violent video games.

Because video games are relatively new medium, studies exploring their effects are still developing. Today we have several witnesses who will discuss recent studies which bolster the call for increased restrictions.

The First Amendment guarantees the right to free speech. What too many in the media industry fail to realize is that this right is not without limits, particularly when it comes to minors.

The Supreme Court in Sable Communications v. FCC held that, quote, "The government may, however, regulate the content of constitutionally protected speech in order to promote a compelling interest. We recognize that there is a compelling interest in protecting the physical and psychological well-being of minors," end of quote.

In 2002, the 6th Circuit held that, quote, "The protections of the First Amendment have always adapted to the audience intended for the speech. Specifically, we've recognized certain speech, while fully protected, when directed to adults may be restricted when directed toward minors," end of quote.

State laws restricting minors' access to violent games do not impair adult access. Adults can continue to buy these games for themselves and can provide them to children. The laws are only aimed at preventing children from entering stores and purchasing the games themselves. However, requiring adults to purchase these games will cause parents to think twice, we hope, about buyi...

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