I stand with Stan

A comic book legend weighs in on video games.

As we approach the upcoming arguments before the United States Supreme Court concerning video games and the protection of free speech in this country, legendary comic creator Stan Lee has contributed some historical perspective to the issue, finding a direct parallel with attacks upon the comic book industry half a century ago.  That is why Stan Lee supports the Video Game Voters Network.

If you prefer your commentary irreverent, fast-paced, and visual (or even if not), I recommend viewing this video by Zero Punctuation (a.k.a., Ben “Yahtzee” Croshaw) explaining the importance of VGVN.

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When I testified before the Michigan Senate Judiciary Committee back in 1995 in opposition to proposed game restrictions in Michigan, one Senator (while I was still on the stand) equated the game industry with prostitution and essentially implied that I was a whore. When our government makes judgments that some expressions (such as his) are more worthy of protection than others, such as those reflected in video games (or books, movies, newspapers, etc.), they dishonor the Constitution and a fundamental principle of the United States of America.

By the way, for those who did not follow (or do not remember) the story at that time, Michigan went on to pass the legislation (which was similar to the California law currently under review), it was signed into law, and then it was ruled unconstitutional by a federal court and overturned. In addition to the immense waste of time (not to mention, good will), the State of Michigan was forced to pay an extra $182,349 to game industry groups in restitution for legal fees amassed while opposing this foolhardy bill.

The big legal event is scheduled.

Of course, the really major upcoming issue is Schwarzenegger, Governor of California v. Entertainment Merchants Association (#08-1448) being reviewed by the Supreme Court.  The case is on the docket and arguments are scheduled to be heard on November 2, 2010.  It is supposed to be the first case (of three) presented on that day.

Ultimately, the ruling by the Court could have a substantial impact on the game industry, either by curtailing the repeated attempts by legislators to treat games as an unprotected form of expression and erode the concept of free speech, or (if they rule incorrectly) by opening the door to many more of such restrictions, leading us to war games where soldiers bleed green and mature games being banned from sale altogether.  Fortunately, every court so far has ruled against these kinds of laws, including against this particular law twice previously.

For more information, please see my previous posting, Video Games facing Supreme Court review.

“Why does this matter?  Because if you restrict sales of video games, you’re chipping away at our First Amendment rights to free speech.”Stan Lee

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