Are you aware that MPAA (G, PG PG-13, R) are legally unenforceable?

Contributor: namelesschaos namelesschaos
Ok a poorly worded sentence brought this up in a different thread. One of my biggest pet peeves is people (in the US) who believe that the MPAA ratings (G, PG PG-13, R, NC-17) or the equivalent in other US industries: ESRB for video games, parental discretion sticker for music etc are somehow legally enforceable by the government. All of these systems are entirely voluntary and ironically where set up to avoid government regulation.

They also can’t be legally enforced it would be massively unconstitutional. It would be a violation of first amendment free speech protections on multiple grounds and it would be an unlawful delegation of legislative power to a private industry organization. Before someone asks “Porn” on the other hand falls under obscenities laws, a determination made by courts not a private industry group, which is why that can be legally enforced but MPAA rating can’t. Other countries have different systems and different laws of course.

This myth annoys me a lot so did you believe in it or did you know of the voluntary nature of these rating.
Answers (public voting - your screen name will appear in the results):
I’m from the United States.
spookycutie , unfulfilled , darthkitt3n , Beck , travelnurse , amandaco2011 , panthercat23 , Petite Valentine , SMichelle , Missmarc , TheirPet , gsfanatic , namelesschaos , himynameissteph , Elias McLovin , PeaceToTheMiddleEast , RuMaRo34 , Lildrummrgurl7 , GONE! , Rory , JennSenn , pleasurehunter , dv8 , damnbul12 , Xarien , yw2 , Deeder , SaraW0512 , ViVix , Jesyra , AHubbyof2SexualMinds , Mikemanz , Allstars316 , Kat and Aaron(aaron) , pestilence , Gone (LD29) , null
37
I’m not from the Untied States.
Howells , Pixel
2
I knew this.
darthkitt3n , Petite Valentine , namelesschaos , Elias McLovin , PeaceToTheMiddleEast , dv8 , Deeder , Jesyra , Gone (LD29)
9
I did not know this.
spookycutie , Howells , unfulfilled , BrittaniMaree , Beck , travelnurse , Pixel , amandaco2011 , panthercat23 , SMichelle , Missmarc , TheirPet , gsfanatic , himynameissteph , Stinkytofu10 , RuMaRo34 , Lildrummrgurl7 , Cat E. , GONE! , Rory , JennSenn , yw2 , SaraW0512 , ViVix , AHubbyof2SexualMinds , Mikemanz , Allstars316 , Kat and Aaron(aaron) , pestilence , null
30
Total votes: 78 (42 voters)
Poll is closed
09/14/2012
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Contributor: unfulfilled unfulfilled
I've never watched movies very often.
09/14/2012
Contributor: darthkitt3n darthkitt3n
While the government and the ESRB/MPAA can't enforce these regulations, retail stores and movie theaters can. They are privately owned and have the right to set such regulations for games and movies rated for 17 and up in their own stores.
09/14/2012
Contributor: Ansley Ansley
Um, I would really appreciate it if you would double check your facts. The sentence is not poorly worded, you simply misread.

Thanks!
09/14/2012
Contributor: namelesschaos namelesschaos
Quote:
Originally posted by Ansley
Um, I would really appreciate it if you would double check your facts. The sentence is not poorly worded, you simply misread.

Thanks!
Sorry Stormy I stand by calling the sentence poorly worded here is my response copied from the original thread:

Irony:
"Um, where exactly did I say "porn" or "adult movies"? I said adult items"

Right here:
"includes lottery tickets, lighters, adult magazines, cigarette"

The only type of "adult magazine" that can restrictions can be legally enforceable is "porn". You say I misunderstood you however right here you make it clear you did in fact intend porn to be included under this list.
That you intended it to included more doesn't change anything about my point. Actually it only strength my objection to it.

First off my points point still stands regarding lotto ticket etc.:
1) Those are also legally enforced not volunteer system. Your still mixing legally enforceable laws with private self-regulation.
2) The age range is still not applicable. It is 17 for an an R-rated movie assuming the theater doesn't have it own policy. Your still lumping it with the 18-21 range. You may not like me calling the sentence poorly word in but this alone is reason enough, it not factually accurate.

Adding to that they even less comparable. Lottery ticket etc. are not forms of protected speech. "Adult magazines" are forums of protect speech considered obscene for minors. R-rated movies are forums of protected speech not considered obscene for minors. These differences matter.

My fundamentally problems is that all of these difference become obscured when you discuss all with in a single sentence, leading to myths and misconceptions. The root of my pet peeve is people lumping these thing together ,as you have both in the original post and in this response, the how and why are very different and too few people are aware of them.
09/14/2012
Contributor: travelnurse travelnurse
I do know that my son works at a movie theater and he won't let any one in if they don't have an ID or a parent with them. I do know that game stop wont sell games to my 15 year old without me being present if he doesn't meet the requirements. My older son even though he works at the theater cannot get his younger brother into a movie either!
09/14/2012
Contributor: amandaco2011 amandaco2011
I did not know that but it doesn't surprise me as I was never "carded" when going to a movie.
09/14/2012
Contributor: panthercat23 panthercat23
Interesting
09/14/2012
Contributor: Petite Valentine Petite Valentine
Movie ratings are not a requirement for any movie released in the US (they're pure bullshit anyway, everyone should watch This Film is Not Yet Rated to see how ratings are handed out), however most theaters won't carry a film without a ratings endorsement because the theater can be sued for showing "inappropriate" material to minors — which is why they won't allow kids into an R-rated movie without a parent or ID.
09/14/2012
Contributor: Missmarc Missmarc
Quote:
Originally posted by namelesschaos
Ok a poorly worded sentence brought this up in a different thread. One of my biggest pet peeves is people (in the US) who believe that the MPAA ratings (G, PG PG-13, R, NC-17) or the equivalent in other US industries: ESRB for video games, parental ... more
I had no idea about this.
09/14/2012
Contributor: TheirPet TheirPet
I didn't know but my older sister used to vouch for me at R movies when I was younger so it was never an issue.
09/14/2012
Contributor: gsfanatic gsfanatic
Didn't know that, but I knew it was easy to get around
09/14/2012
Contributor: PeaceToTheMiddleEast PeaceToTheMiddleEast
I have heard of this before.
09/18/2012
Contributor: Cat E. Cat E.
I didn't know this.
09/20/2012
Contributor: GONE! GONE!
I'm not exactly surprised.
09/20/2012
Contributor: Rory Rory
I'm not surprised either but I'm sure there are many other RULES out there that are not legally enforceable.
09/21/2012
Contributor: JennSenn JennSenn
I didn't know, but I'm not surprised. I just figured they could kick you out of the theater was all. I never thought much about it.
09/21/2012
Contributor: Basalt Basalt
Quote:
Originally posted by namelesschaos
Sorry Stormy I stand by calling the sentence poorly worded here is my response copied from the original thread:

Irony:
"Um, where exactly did I say "porn" or "adult movies"? I said adult items"

Right ... more
I'm not sure if this makes sense to others here, but it doesn't make sense to me. Maybe a link to your original thread would help, since I don't know what sentence you're talking about.
09/21/2012
Contributor: pleasurehunter pleasurehunter
yeah im pretty sure theaters are allowed to decide what age groups are allowed in what showings with minors vs adults
09/22/2012
Contributor: namelesschaos namelesschaos
Quote:
Originally posted by pleasurehunter
yeah im pretty sure theaters are allowed to decide what age groups are allowed in what showings with minors vs adults
I'm pretty sure your missing the point, this is about the myth that this is government enforced. As I said in the post theater voluntarily enforced the MPAA recommendations (or their own policies) however these rating have no legal force behind them.
09/22/2012
Contributor: namelesschaos namelesschaos
Quote:
Originally posted by Basalt
I'm not sure if this makes sense to others here, but it doesn't make sense to me. Maybe a link to your original thread would help, since I don't know what sentence you're talking about.
It from a thread where she said and you have to be 18-21 to purchase adult items or go alone in to an R-rated movie. Which as I said mixes voluntary enforcement and is just plan wrong it is 17 for an R-rated movie. It may seems nit-picky but it reflect not understanding the difference between these things. MPAA ratings are parental advisories it would makes no sense to create parental advisory that say legal adults ,those 18-21 year olds in Stormy's original statement, shouldn't see a movie; it a mistake you only make if you don't get what these parental advisory are all about.
09/22/2012
Contributor: namelesschaos namelesschaos
Quote:
Originally posted by Petite Valentine
Movie ratings are not a requirement for any movie released in the US (they're pure bullshit anyway, everyone should watch This Film is Not Yet Rated to see how ratings are handed out), however most theaters won't carry a film without a ... more
I haven't seen the movie yet, I keep meaning to but don't. But i agree the MPAA rating are only good as in they are a lesser evil than government regulation but the key word is lesser evil.
09/22/2012
Contributor: damnbul12 damnbul12
Quote:
Originally posted by namelesschaos
Ok a poorly worded sentence brought this up in a different thread. One of my biggest pet peeves is people (in the US) who believe that the MPAA ratings (G, PG PG-13, R, NC-17) or the equivalent in other US industries: ESRB for video games, parental ... more
I’m from the United States, and knew this
11/13/2012
Contributor: SaraW0512 SaraW0512
Interesting, I didnt know that.
11/13/2012
Contributor: ViVix ViVix
Quote:
Originally posted by namelesschaos
Ok a poorly worded sentence brought this up in a different thread. One of my biggest pet peeves is people (in the US) who believe that the MPAA ratings (G, PG PG-13, R, NC-17) or the equivalent in other US industries: ESRB for video games, parental ... more
I didn't know, but I don't do DVD reviews, so...
11/14/2012
Contributor: AHubbyof2SexualMinds AHubbyof2SexualMinds
I didn't know it wasn't legally enforceable, but I never had a problem going to an R-rated movie before I was 17. Interesting little tidbit of info, thanks.
11/14/2012
Contributor: Mikemanz Mikemanz
these are still useful guides for parents. usually, the reasons for the rating are listed and i can make some kind of an informed decision
11/17/2012
Contributor: pestilence pestilence
I had no idea! Thank you so much for this information; I've heard previously about some of the ridiculous biases and such of the MPAA but I had no idea they had less authority than is commonly thought.
11/22/2012
Contributor: null null
Quote:
Originally posted by Petite Valentine
Movie ratings are not a requirement for any movie released in the US (they're pure bullshit anyway, everyone should watch This Film is Not Yet Rated to see how ratings are handed out), however most theaters won't carry a film without a ... more
Yes, this is a great documentary!
11/22/2012