ome First Amendment experts say it might be too broad and could leave people who own or operate Web sites risking prosecution for posting links to online casinos or even writing about Internet gambling.
Critics say the state must have a strong reason and a very specific law to limit free speech -- even in cyberspace.
"Providing a hypertext link does not seem to aid and abet gambling," said Michael Overing, a Los Angeles lawyer who specializes in the First Amendment. "Perhaps the law is overbroad in that respect."
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"The basic rule is that there's no liability for placing a link on a Web site," he said. "Traditionally, there is great deference paid toward speech."
The law, which took effect June 7, says anyone who "knowingly transmits or receives gambling information" using the Internet is guilty of a Class C felony punishable by up to five years in prison.
Rick Day, director of the Washington State Gambling Commission, said most people don't need to worry. The state isn't out to get gambling aficionados who blog about casinos or post tips on how to beat the dealer at blackjack, he said.
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The state's gambling laws don't prohibit newspapers or other news media outlets from reporting on, or even linking to, illegal gambling sites but do prohibit advertising or otherwise promoting it, according to the Attorney General's Office.
That provision puzzles University of Washington law professor Stewart Jay, who questions how ordinary citizens can be prosecuted for transmitting or receiving gambling information, as the law words it, while newspapers and television stations are exempt. "If the P-I puts it on the Internet, it's legal. If Joe Blow puts it on the Internet, it's illegal," he said. "It's a very crude distinction that's being made here. When you discriminate between forms of speech and providers, the government has to provide a compelling reason."
