Can New Washington Online Gambling Law Hold Up
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 online Internet gambling.
Critics say the state must have a strong reason and a very specific law to limit free speech, even in cyberspace.
"Providing a hypertext link does not seem to aid and abet gambling," said Michael Overing, a Los Angeles lawyer who specializes in the First Amendment. "Perhaps the law is overbroad in that respect."
Kraig Baker, a Seattle attorney who focuses on Internet issues, said people "have pretty broad latitude" about what they can put on their Web sites. Typical exceptions are "fighting words," obscenity and threats to national security.
"The basic rule is that there's no liability for placing a link on a Web site," he said. "Traditionally, there is great deference paid toward speech."
The law, which took effect June 7, says anyone who "knowingly transmits or receives gambling information" using the Internet is guilty of a Class C felony punishable by up to five years in prison.
June 26, 2006
Posted By Susan Torres
Staff Editor, CasinoGamblingWeb.com
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