Accepting Gambling Advertisements

[LTW]

What is the name of your state? Alabama

I have an online community, and we sell advertising.

Is it legal to accept / display gambling advertisements on my site?

Does the kind of gambling advertisement make a difference ... banners vs text links ... (one is legal, and one is not)?

Thanks in advance.

LTW

 

[quincy]

LTW -
The Supreme Court has consistently held that any prior restraint of speech comes with a "heavy presumption" against its constitutional validity and, to date, restrictions on pharmaceutical advertising, tobacco advertising (in some cases), beer advertising, gambling advertising, et al, have been struck down in court. In a case on liquor advertising, the court said that "bans on truthful and non-misleading commercial speech...hinder consumer choice.."

So, legally, the courts would probably favor your ability to accept and display gambling advertising on your site. Unfortunately, this does not mean that accepting and displaying gambling advertising on your site would leave you free from the risk of a challenge to your right to display such advertising. In other words, you might find yourself and your site facing opposition and a court suit.

It is best to go over all of this with an attorney in Alabama to minimize your chances of a court battle.

And wait for others to respond.