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

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.