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Casino
City Files Suit Against Department of Justice to Establish its
First Amendment Right to Advertise Online Casinos and Sportsbooks
Casino
City, Inc. today filed a complaint against the U.S. Department
of Justice in the U.S. District Court for the Middle District
of Louisiana. The complaint seeks a declaratory judgment that
advertising online casinos and sportsbooks is constitutionally
protected commercial free speech under the First Amendment of
the United States.
In June
of 2003 the Department of Justice sent letters to a variety
of organizations including the National Association of Broadcasters,
the Magazine Publishers of America, the Independent Press Association,
and the National Newspaper Association. The letters requested
that the organizations warn their members that individuals accepting
such advertisements might face prosecution.
Several
months later the Justice Department issued subpoenas to a variety
of media outlets, Internet portals, public relations firms,
and other companies seeking detailed information on the purchase
and placement of online casino and sportsbook advertisements.
The actions
of the Department of Justice have been widely reported in the
news and have had a chilling effect upon free speech. Popular
Internet portals including Google and Yahoo have recently ceased
accepting advertising for online casinos and sportsbooks. Many
individuals in the online gambling industry view the actions
of the DOJ as a form of blackmail based on the belief of a few
government officials rather than established legal principles.
Casino City's
parent corporation has been involved in the gaming industry
for years. It created the original gaming portal site, CasinoCity.com
in 1995. Today the Casino City website is operated by Casino
City, Inc., and is now the most popular such site on the web
covering online casinos and sportsbooks, land-based casinos,
gaming strategy, and news. It is part of a network of websites
including Online.CasinoCity.com
devoted to online gaming, and www.CasinoCityTimes.com
covering gaming news and offering visitors thousands of articles
on gaming strategy.
When the
Casino City website was first launched, there were no online
casinos, and online advertising was virtually nonexistent. Today,
however, I-gaming advertisements form an important part of Casino
City's revenue. Company CEO, Michael Corfman, says "The
public has the right to see the wealth of information we provide
on casinos and sportsbooks, and we have the First Amendment
right to advertise online gaming on the web to support its free
publication."
The actions
of the department of Justice have definitely had an impact on
Casino City notes Corfman. "Our parent corporation had
partnership plans with A&E Television Networks to promote
the Breaking Vegas documentary and associated sweepstakes. Casino
City was to be featured on The History Channel website and in
30 national television spots, but they cancelled the agreement
after the promotion had already begun. We were told by their
marketing agents that A&E felt there was an unacceptable
risk the network would be viewed as aiding and abetting online
gaming since it's only two clicks from our home page to an online
gaming site. When you have an FCC license that must be protected
to stay in business, you just can't afford to take chances with
the Department of Justice
More recently, a major Las Vegas
casino wanted to work with our parent corporation on a promotion
but their lawyers nixed the arrangement because of our involvement
with online gaming."
Casino City
believes the actions taken by the Department of Justice are
wrong, and that they threaten our freedom of speech in violation
of the First Amendment of the United States Constitution. We
also believe that matters of law such as this are properly decided
by the courts, and not by government administrators interpreting
laws in a way that many experts claim is flawed. Consequently,
we have today asked the courts to determine our rights, and
those of others similarly situated, under the United States
Constitution.
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