GREATER NEW ORLEANS BROADCASTING ASSOCIATION, INC. V. UNITED STATES
527 U.S. 173 (1999)
NATURE OF THE CASE: This was a dispute over broadcast advertising of lotteries and
commercial casino gambling.
FACTS: Section 1304 prohibits radio and television broadcasting of any lotteries or
casino type gambling. But for the threat of sanctions under 1304, Ps would broadcast
promotional advertisements for gaming available at private, for profit casinos that are
legally operating under State law. However, because of the nature of such broadcasts, they
may be heard in Texas and Arkansas where such gambling is illegal. Ps sought a declaration
that 1304 violates the First Amendment. The District Court ruled in favor of D, and the
Fifth Circuit affirmed that grant of summary judgment. The Supreme Court granted certiorari.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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