GREATER NEW ORLEANS BROADCASTING ASSOC. v. U.S.

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Case Basics
Docket No. 
98-387
Petitioner 
Greater New Orleans Broadcasting Assoc.
Respondent 
U.S.
Advocates
(Argued the cause for the petitioners)
(Department of Justice, argued the cause for the respondents)
Tags
Term:
Facts of the Case 

The Greater New Orleans Broadcasting Association (Association) wanted to run advertisements for lawful private casino gambling in Louisiana and Mississippi. The Association challenged the government's prohibition against such radio- and television-based advertising. After suffering defeat in both trial and appellate courts, the Association appealed and the Supreme Court granted them certiorari.

Question 

Does a federal prohibition against advertising lawful privately-held casino- gambling violate the First Amendment's freedom of speech protections?

Conclusion 
Decision: 9 votes for Greater New Orleans Broadcasting Assoc., 0 vote(s) against
Legal provision: Amendment 1: Speech, Press, and Assembly

Yes. In a unanimous decision, the Court found the advertising restrictions unconstitutional insofar as they applied to Louisiana-based advertisers - where the gambling activities being promoted are legal. The government failed to demonstrate that its restriction would alleviate harmful gambling practices to any material degree. Instead, the Court noted, the regulations in question provided only ineffective and remote support for the government's concerns, since all sorts of other gambling activities would continue unaffected. Thus, the government restrictions unfairly singled out a specific form of speech for regulation while leaving others untouched.

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GREATER NEW ORLEANS BROADCASTING ASSOC. v. U.S.. The Oyez Project at IIT Chicago-Kent College of Law. 01 September 2014. <http://www.oyez.org/cases/1990-1999/1998/1998_98_387>.
GREATER NEW ORLEANS BROADCASTING ASSOC. v. U.S., The Oyez Project at IIT Chicago-Kent College of Law, http://www.oyez.org/cases/1990-1999/1998/1998_98_387 (last visited September 1, 2014).
"GREATER NEW ORLEANS BROADCASTING ASSOC. v. U.S.," The Oyez Project at IIT Chicago-Kent College of Law, accessed September 1, 2014, http://www.oyez.org/cases/1990-1999/1998/1998_98_387.