New state online gambling law raises doubts
Monday, June 26, 2006
Seattle Post-Intelligencer / seattlepi.com
New state online gambling law raises doubts
Some legal experts say itâs too broad to hold up in court
By BLYTHE LAWRENCE AND TRACY JOHNSON
P-I REPORTERS
Weeks after a new state law about online gambling took effect, some legal experts are questioning whether it would hold up in court.
The new law echoes a federal law that already makes Internet gambling illegal and upped the crime to a felony.
But some First Amendment experts say it might be too broad and could leave people who own or operate Web sites risking prosecution for posting links to online casinos or even writing about Internet gambling.
Critics say the state must have a strong reason and a very specific law to limit free speech â even in cyberspace.
âProviding a hypertext link does not seem to aid and abet gambling,â said Michael Overing, a Los Angeles lawyer who specializes in the First Amendment. âPerhaps the law is overbroad in that respect.â
Kraig Baker, a Seattle attorney who focuses on Internet issues, said people âhave pretty broad latitudeâ about what they can put on their Web sites. Typical exceptions are âfighting words,â obscenity and threats to national security.
âThe basic rule is that thereâs no liability for placing a link on a Web site,â he said. âTraditionally, there is great deference paid toward speech.â
The law, which took effect June 7, says anyone who âknowingly transmits or receives gambling informationâ using the Internet is guilty of a Class C felony punishable by up to five years in prison.
Rick Day, director of the Washington State Gambling Commission, said most people donât need to worry. The state isnât out to get gambling aficionados who blog about casinos or post tips on how to beat the dealer at blackjack, he said.
But he said links or references to online gambling conceivably could spell trouble for Web site owners.
âWhat you have to look at is whether that is a solicitation or inducement for people to engage in something thatâs illegal.â
He said the state will deal with Web sites case by case and is more likely to go after big corporations that link to gambling sites than âa local entrepreneur.â
First-time offenders likely will get a cease-and-desist order pointing out the violation, he said; continued offenses might mean criminal charges.
He suggested that people who are unsure about putting gambling-related information on their Web site write to the commission and ask.
He took a harder line earlier this month when asked about Todd Boutte, a Bellingham man whose âIntegrity Casino Guideâ Web site linked to online casinos.
Boutte told The Bellingham Herald that he helped support his family by running the site and said he hoped he was safe, given that he didnât make or take bets himself.
Day told the paper that people who simply link to gambling sites were risking prosecution.
âAny party involved could be guilty of a violation of state law,â he said. âIf the site also has a link to a gambling site, then to us thatâs no different.â
Boutte subsequently shut down his site. He couldnât be reached for additional comment.
The issue has gained attention in recent weeks as people have blasted the new online gambling law.
âThe answer to whatâs legal and what isnât changes every time you change the facts,â said Janelle Guthrie, spokeswoman for the state Attorney Generalâs Office. âWe donât believe these laws are vague, and if they were challenged as unconstitutional, we would defend them.â
David Skover, a professor of constitutional law at Seattle University, said he thinks the new law is valid because linking to a gambling site can be interpreted as a form of advertising.
âThere is neither federal nor state constitutional protection for advertising for an illegal activity,â he said.
The stateâs gambling laws donât prohibit newspapers or other news media outlets from reporting on, or even linking to, illegal gambling sites but do prohibit advertising or otherwise promoting it, according to the Attorney Generalâs Office.
That provision puzzles University of Washington law professor Stewart Jay, who questions how ordinary citizens can be prosecuted for transmitting or receiving gambling information, as the law words it, while newspapers and television stations are exempt. âIf the P-I puts it on the Internet, itâs legal. If Joe Blow puts it on the Internet, itâs illegal,â he said. âItâs a very crude distinction thatâs being made here. When you discriminate between forms of speech and providers, the government has to provide a compelling reason.â
Jay said he thinks that part of the law is âvery problematicâ and could easily be challenged.
Some legal experts say the government canât necessarily stop you from linking to otherwise illegal activities.
Baker, the Seattle attorney who focuses on the Internet, said youâre probably safe if you want to link to instructions for growing marijuana, for example. But there are limits. Your free-speech rights arenât likely to protect you if you link to child pornography or directions to build an atomic bomb, he said.
State Sen. Margarita Prentice, D-Renton, who sponsored the Internet gambling bill, said the new law will discourage people from visiting illegal gambling sites â most of which are operated outside the United States.
âThe point is, if itâs illegal, itâs illegal,â Prentice said. âWe were defending our state, and we cannot have illegal gambling.â
P-I reporter Blythe Lawrence can be reached at 206-448-8312 or blythelawrence@seattlepi.com.
Author: GamesAndCasino