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VALLEY BROADCASTING CO. v. U.S.

No. 93-16191.

107 F.3d 1328 (1997)

VALLEY BROADCASTING COMPANY, dba KVBC (TV), Channel 13, Las Vegas, NV; Sierra Broadcasting Company, dba KRNV (TV), Channel 4, Reno, NV, Plaintiffs-Appellees, v. UNITED STATES of America; Federal Communications Commission, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided February 25, 1997.

Attorney(s) appearing for the Case

Scott R. McIntosh, United States Department of Justice, Washington, DC, for the defendants-appellants.

Janet Frasier Rogers, Las Vegas, Nevada and Gerald S. Rourke, Washington, DC, for the plaintiffs-appellees.

John Crigler and John M. Pelkey, Haley, Bader & Potts, Arlington, VA, for amici curiae Meredith Corporation and Interep National Radio Sales, Inc.

Michael E. Wilson, Deputy Attorney General, Gaming Division, Carson City, NV, for amicus curiae State of Nevada.

Ellen Whittemore, Lionel, Sawyer & Collins, Las Vegas, NV, for amicus curiae Nevada Resort Association.

Burt Neuborne, New York City; Henry L. Baumann, Valerie Schulte, Steven A. Bookshester, Washington, DC, for amici curiae Association of National Advertisers, Inc., The National Association of Broadcasters, The American Association of Advertising Agencies, KTNV-TV (Las Vegas), KOLO-TV (Reno), and KTVN-TV (Reno).

Before: BRUNETTI and O'SCANNLAIN, Circuit Judges; MERHIGE, District Judge.

O'SCANNLAIN, Circuit Judge:

We must determine whether regulations which criminalize the broadcast of advertisements for casino gambling are consistent with the First Amendment.

I

Commercial lotteries and the advertising thereof have long been the subjects of state and federal regulation. Indeed, as early as 1827, Congress provided that "no postmaster, or assistant postmaster, shall act as agent for lottery offices." Act of Mar. 2, 1827, § 6...

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