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Ashcroft Summoned to Answer Free Speech Complaint

 
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PostPosted: Tue Aug 31, 2004 3:55 pm    Post subject: Ashcroft Summoned to Answer Free Speech Complaint Reply with quote

Ashcroft Summoned to Answer Online Gambling Free Speech Complaint

Casino City, Inc. has reported that Attorney General John Ashcroft and U.S. Attorney David Dugas have been summoned by the U.S. District Court for the Middle District of Louisiana. Earlier this month Casino City filed a complaint against the United States Department of Justice seeking a declaratory judgment that advertising online casinos and sportsbooks is constitutionally protected commercial free speech under the First Amendment of the United States.

Over the past year the Justice Department sent threatening letters to the National Association of Broadcasters and other organizations and issued subpoenas to a variety of media outlets. These actions have been widely reported and have had a chilling effect upon free speech. Popular Internet portals including Google and Yahoo have ceased accepting advertising for online casinos and sportsbooks. Many individuals 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.

Under the terms of the summons, the Department of Justice must answer the complaint within 30 days. The complaint argues the application of laws cited by the DOJ in its threatening letters is unconstitutional and that intimidation through threats of their application violates the First Amendment right to free speech. Casino City and the DOJ must file a status report by December 2nd, and a scheduling conference is set for December 16th.

The government could concede advertising online gaming sites is legal. Casino City's attorney Barry Richard says "… it's possible and hopeful, so far as my client is concerned, that the Department of Justice will say 'We didn't mean to threaten organizations that are engaged in the type of advertising that your client is,' and that would be fine with us. It would clear the air for those people who have been and would like to continue to do this."

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RR
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PostPosted: Wed Jan 12, 2005 10:15 pm    Post subject: Reply with quote

I think it's very possible that Corfman and Casino City will win the lawsuit, and Google and Yahoo will still not allow online gambling advertising.

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pokernewbie
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PostPosted: Wed Jan 12, 2005 11:11 pm    Post subject: Reply with quote

I sure as hell hope Korfman (sp?) wins if it will set a legal precedent like that.

These dates are for December - does anyone have any news on this?

Thanks - Pokernewbie

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pokernewbie
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PostPosted: Tue Feb 15, 2005 9:31 pm    Post subject: Reply with quote

Quote:
There's an unrelated lawsuit taking place in the United States in which Casino City has sued the Justice Department. Can you tell me a bit about it?

Casino City is a gaming portal--a directory, for the most part, of land-based casinos that takes advertising for online casinos. In the recent past, there have been attempts to stop advertising for online casinos on various sites, particularly the major search engines that have essentially voluntarily stopped doing it under threat of aiding and abetting an illegal activity. The attorney general has sent out letters. Yahoo, Google and others have acquiesced by taking off online casino advertisements.

If Casino City prevails, that type of activity would be permitted without fear of prosecution by any kind from the government.

just a tid-bit picked up elsewhere...

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