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Legal Issues

by Mike Masnick

Tue, Aug 17th 2004 12:43am





Is A Ban On Gambling Ads A Violation Of Free Speech?

from the next-big-legal-challenge dept

Earlier this year, we noted that the Justice Department was telling websites they might be "aiding and abetting" illegal activity by running ads for online gambling operations, even if those operations were perfectly legal and run outside of the US. Now, the operator of a casino news website, Casino City, has filed a a lawsuit to have it declared that running such ads is protected free speech, and that the government can't tell them to stop. Of course, there are some precedents, such as bans on liquor and tobacco advertising, but it doesn't appear that any specific law has been put in place banning gambling ads. Still, all of this makes you wonder if the Department of Justice doesn't have slightly more important things to be worrying about than if a casino news site has ads from online casinos.

2 Comments | Leave a Comment..


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  1.  

    No Subject Given

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    thecaptain, Aug 17th, 2004 @ 4:53am

    While I'm not for or against the ban on online casino advertising, I'm starting to get a little tired with companies thinking that commercial speech is "free speech". Anyone else find it ridiculous that advertising has become a constitutional issue?

    [ reply to this | link to this | view in thread ]

  2.  

    Re: No Subject Given

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    Mike (profile), Aug 17th, 2004 @ 9:07am

    It's a little different, actually... I would agree with you if it were an advertiser who was complaining. But, this is a publisher who is prevented from the type of advertising they can offer by the government. That seems a bit closer to a free speech question.

    [ reply to this | link to this | view in thread ]


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