Abstract

WITH REVENUES PEGGED at anywhere between two hundred million and two billion dollars per year, numerous mainstream companies currently accept advertising from online casinos that are most often based in jurisdictions outside the United States. Some foreign online casinos also generate their own marketing strategies inhouse. Notably, many webmasters have implemented or are considering some form of online casino affiliate program. While the legality of online gaming itself is still an open question as a result of conflicting court decisions and stalled legislation, the legal issues relating to advertising online gambling services are even more obscure. One of the reasons is that the power of the government to regulate advertising of a particular product or service is not coextensive with its ability to regulate or ban the same product or service. This article will explore the historical treatment of gambling advertising by the courts, evaluate the current regulatory climate, and suggest some possible theories for legal challenges in the future. HISTORICAL TREATMENT OF GAMBLING ADVERTISEMENTS

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