التفاصيل البيبلوغرافية
| العنوان: |
Betting on Addiction Money: Can Sports Betting Advertising be Restricted on Broadcast Media in an Age of Heightened Commercial Speech Protection? |
| المؤلفون: |
Conrad, Mark |
| المصدر: |
Harvard Journal of Sports & Entertainment Law; Winter2024, Vol. 15 Issue 1, p127-186, 60p |
| مصطلحات موضوعية: |
SPORTS advertising, SPORTS betting, COMPULSIVE gambling, GAMBLING laws, WAGERS, COMMUNICATION laws, GAMBLING, FALSE advertising |
| الشركة/الكيان: |
NATIONAL Collegiate Athletic Association, UNITED States. Federal Communications Commission |
| مستخلص: |
Over half a decade ago, the Supreme Court opened a world of statesanctioned sports betting after it invalidated a federal statute that prohibited the practice. Since its ruling in Murphy v. NCAA, about three dozen states have legalized sports gambling, creating regulatory schemes to allow licensed betting firms to operate in their states. These companies have engaged in heavy advertising and promotions in all forms of media to attract potential bettors. As a result, billions of dollars have been wagered. At the same time, evidence of an increase in problem gambling and gambling addiction has been reported. While most states have enacted some modest advertising restrictions prohibiting "false" advertising, requiring warnings, and disclosing contact information for problem bettors, these attempts are inadequate to prevent the rise in problem betting and gambling addiction. I argue that a broader ban is needed. This article will discuss the constitutional challenges of regulating gambling advertising and promotions, focusing on the broadcast media. It will also compare approaches to regulate sports gambling advertising in other countries. I conclude that a complete media ban on such advertising would likely violate First Amendment protection of commercial speech under the Central Hudson standard crafted by the Supreme Court over four decades ago. However, reasonable alternatives exist. This article will propose broader restrictions that could pass constitutional muster under Central Hudson and, also could be upheld based on the government's power to regulate content under the broadcast laws and Federal Communications Commission's ("FCC") regulations. It will discuss restrictions that are national in scope, such as limiting advertising, sponsorship notice, and betting odds during time periods when underage viewers are watching. [ABSTRACT FROM AUTHOR] |
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| قاعدة البيانات: |
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