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That Penny Arcade Controversy
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<blockquote data-quote="Dannyalcatraz" data-source="post: 6178620" data-attributes="member: 19675"><p>Now THAT is some fine parsing! <img src="https://cdn.jsdelivr.net/joypixels/assets/8.0/png/unicode/64/1f600.png" class="smilie smilie--emoji" loading="lazy" width="64" height="64" alt=":D" title="Big grin :D" data-smilie="8"data-shortname=":D" /></p><p></p><p>Honestly, I think the legal and ethical considerations are pretty closely intertwined- almost inextricably so.</p><p></p><p></p><p></p><p></p><p></p><p></p><p></p><p>In those cases, the person has freely entered a legally binding contract- that means there can be no "censorship" because the party whose speech is limited has freely agreed not to talk <em>and has been financially compensated not to do so.</em></p><p></p><p>As an attorney, my right to free speech is curtailed by client privacy issues. It isn't censorship. I can still talk about my clients most personal information...but I WILL be disbarred and lose my primary livelihood. Even though I could seek a new license in another state, no other state bar would give a license to someone who intentionally violated a fundamental rule of the position.</p><p></p><p></p><p></p><p>That is not censorship. That's the same as the MPAA rating system for movies. The MPAA has no power to stop you from putting out a movie. You can even release one unrated. But if you do, venues for your movie will be hard to find.</p><p></p><p>Rockstar wanted to produce a game with certain content, it got an AO rating. The big consoles wouldn't publish AO games, but they were free to invest their own money and self-publish. They were also free to find private backers- I guarantee you that someone like Larry Flynt (himself a staunch defender of free speech and a named respondent in many a 1st Amendment case)- would have been happy to invest in it.</p><p></p><p>And Wal-Mart is under no obligation to sell AO material. In fact, its consistent with their general policies: they don't sell X-rated videos, for instance. Rockstar could have sold their game in other outlets besides Wal-Mart- even directly to the public via the Internet had they planned ahead.</p><p></p><p></p><p></p><p>Again, choosing not to do business with a person or entity with whom you have a disagreement is not censorship. Neither is limiting your ability to raise funds- that's just business.</p><p></p><p></p><p></p><p>I respectively disagree.</p><p></p><p>I'm not saying that what youre asserting is impossible, but rather, I see it as 1) less likely and also 2) respect that private organizations- individually or acting in concert- are just as entitled to exrcising free speech and the power of the purse as any individual.</p></blockquote><p></p>
[QUOTE="Dannyalcatraz, post: 6178620, member: 19675"] Now THAT is some fine parsing! :D Honestly, I think the legal and ethical considerations are pretty closely intertwined- almost inextricably so. In those cases, the person has freely entered a legally binding contract- that means there can be no "censorship" because the party whose speech is limited has freely agreed not to talk [I]and has been financially compensated not to do so.[/I] As an attorney, my right to free speech is curtailed by client privacy issues. It isn't censorship. I can still talk about my clients most personal information...but I WILL be disbarred and lose my primary livelihood. Even though I could seek a new license in another state, no other state bar would give a license to someone who intentionally violated a fundamental rule of the position. That is not censorship. That's the same as the MPAA rating system for movies. The MPAA has no power to stop you from putting out a movie. You can even release one unrated. But if you do, venues for your movie will be hard to find. Rockstar wanted to produce a game with certain content, it got an AO rating. The big consoles wouldn't publish AO games, but they were free to invest their own money and self-publish. They were also free to find private backers- I guarantee you that someone like Larry Flynt (himself a staunch defender of free speech and a named respondent in many a 1st Amendment case)- would have been happy to invest in it. And Wal-Mart is under no obligation to sell AO material. In fact, its consistent with their general policies: they don't sell X-rated videos, for instance. Rockstar could have sold their game in other outlets besides Wal-Mart- even directly to the public via the Internet had they planned ahead. Again, choosing not to do business with a person or entity with whom you have a disagreement is not censorship. Neither is limiting your ability to raise funds- that's just business. I respectively disagree. I'm not saying that what youre asserting is impossible, but rather, I see it as 1) less likely and also 2) respect that private organizations- individually or acting in concert- are just as entitled to exrcising free speech and the power of the purse as any individual. [/QUOTE]
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