Government regulation of gambling advertising: Replacing vice prevention with consumer protection
From 1895 to 1975, federal law forbade gambling advertising by use of the mail, interstate commerce, and the broadcast media. Congress exempted state lotteries in 1975 and charitable gambling (including casino games) in 1988. However, the Supreme Court requires a significant government interest, directly applied and narrowly tailored, in order to justify a commercial speech regulation. The exemptions for private charity casino games has arguably destroyed any constitutionally defensible government interest in restricting for-profit casinos. Casinos in new gambling jurisdictions (such as Iowa or Illinois) will probably push the hardest for an exemption for all legal gambling, as they have the most to gain from the freedom to advertise. Federal regulation of gambling advertising will fall to the Federal Trade Commission under prohibitions against “unfair or deceptive” trade practices. But as State regulations are not well developed even in states that permit casino gambling, there is a pressing need for new research to review state laws regulating gambling advertising and to propose a model statute.
Unable to display preview. Download preview PDF.
- Advertising Law Anthology, (1990). Volume 13. Washington, D.C.: International Library Incorporated.Google Scholar
- Clotfelter, C.T., & Cook, P.J. (1989).Selling hope: State lotteries in America. Cambridge, Massachusetts: Harvard University Press.Google Scholar
- Congressional Record. 100th Cong., 2d sess. May 10, 1988, p. H3073. May 25, 1988, p. H3643. October 14, 1988, pp. S16317–S16319. October 19, 1988, p. H10446.Google Scholar
- Franklin, Ma. A., & Anderson, D.A. (1990).Cases and materials on mass media law, fourth edition. Westbury, New York: The Foundation Press, Inc.Google Scholar
- North American Gaming Regulators Association, (1990). Gaming activity-1989: Preliminary report. Minneapolis, Minnesota: North American Gaming Regulators Association. October.Google Scholar
- Rosden, G.E., (1988).The law of advertising. Oakland, CA: Mathew Bender & Co.Google Scholar
- Rose, I.N., (1985). Legal gambling: The right to advertise, in W. Eadington (ed.),The gambling studies, Vol. 2, pp. 1–32. Reno, Nevada: University of Nevada.Google Scholar
- State of Minnesota, (1990). Lawful gambling. Report of Program Evaluation Division, Office of Legislative Auditor. January.Google Scholar
- Tribe, L.H., (1988).American Constitutional Law, Second Edition. Mineola, New York: The Foundation Press, Inc.Google Scholar
- U.S. Congress. House of Representatives, (1987). Committee on the Judiciary. Rept. 100-557, Part 1.Lottery Advertising Clarification Act of 1988. 100th Cong., 1st sess., April 2, 1987. Washington, D.C.: Government Printing Office.Google Scholar
- U.S. Congress. Senate, (1990). Bryan introduces legislation to permit gaming advertising. Press release from office of Richard Bryan, May 1.Google Scholar