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

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AK

The Bonus Man King
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US Threatening Those Who Accept Online Gambling Ads

Folks in the US government have made it clear that they don't like online gambling and have almost no interest in simply legalizing and regulating the industry (as has happened in other countries). However, the US is still a huge market for these online casinos - all of which operate offshore. Since they can't shut these online casinos down, US law enforcement officials have tried a new strategy: threatening companies that run ads for online casinos. Many radio, television and outdoor advertising companies have been receiving stern notices suggesting that they could get into legal trouble for running these ads. Many of the companies responded quickly to ban such ads, though, lawyers are questioning whether they could actually be found guilty of anything just for running ads (that whole First Amendment thing might get in the way). The government, however, suggests they could sue companies for "aiding and abetting" these companies. Interestingly, the article points out that Yahoo and Google have not backed down and are still running ads for online casinos. Now, since many individuals run Google's AdWords on their own site, I wonder if they could also be accused of "aiding and abetting" in the illegal promotion of online gambling. While it's much more likely that the government would just go after Google, it's not inconceivable that they would target those who host Google's ads as well.

I find this interesting, old story but good.
http://www.techdirt.com/articles/20040315/0130237.shtml
 

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Nelson Rose, among the most respected gaming attorneys around, opined to me that the government might win a case that it could restrict the ads if they can get a judge and/or jury to buy into the argument that online gambling is illegal. Although the backing for those arguments are extremely dubious, they have won those cases at times so no assurances they won't get that again.

The issue really will heat up when it becomes a turf war. What happens when a UK based company, that happens to have business connections in the US as well, advertises and claims I am only targeting UK customers with my ads, but some Americans happened to get involved too. The US government is going to fall apart at that point because quite clearly US companies are using the web to target the world with ads. It would be blatant hypocrisy and at some point it will get exposed.
 
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In the end, it's pretty simple. They consider online gambling illegal, therefore it's illegal to advertise it. You can't put an ad in the paper selling pounds of weed can you?

Yes, it's kind of a gray area, but only in the area of the legality of the gambling itself.
 

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Don't quote me but I think they make a distinction between personal and commercial speech.
 

Another Day, Another Dollar
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The US Government will never be able to enforce a nationwide ban for online gambling. The growth of such business is incredible.
 

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TTinCO said:
In the end, it's pretty simple. They consider online gambling illegal, therefore it's illegal to advertise it. You can't put an ad in the paper selling pounds of weed can you?

Yes, it's kind of a gray area, but only in the area of the legality of the gambling itself.
well in the USA today last week I saw a 1/2 page ad for Ultimatebet POKER and it said NO where in the ad that it was not a gambling site...

I think it was the weekend frid-sunday addition, they CANNOT stop it.
 
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Many tv commercials for Poker sites use the disclaimer that "it's not a gambling site" reminds me of the old "For news information only" that was on all football parlay cards floating around town.:lolBIG:
 

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