Ashcroft US Supreme Court Case Essay

Pages: 2 (615 words)  ·  Bibliography Sources: 0  ·  File: .docx  ·  Level: College Junior  ·  Topic: Business - Law

American Civil Liberties Union. Federal Communications Law Journal, 55(1), 85-98.

Online Gaming

In the United States, much contention has been developing over the stance the federal government should take with regard to online gaming. As of 1999, the United States has enforced the Online Gambling Prohibition Act, which expressly forbids any American citizen from playing online gambling games where real currency is exchanged. Regardless of this, it has been reported that American citizens represent between 50 to 70% of internet gaming customers worldwide (Parke, 2004). As with most prohibition laws, this law is being challenged at all levels and the Constitutionality called into question.

The first argument presently given is that the internet is a non-regulated forum, similar to any public forum and thus the first amendment and the property rights that go with it are in place. This includes the right to spend one's property as one sees fit. Many would argue, however, that gambling is highly addicting and too detrimental to be permitted, especially in a scenario where time spent is unlimited (Wu, 2003). Thus, the real question for the court would be the limits of the first amendment regarding how people spend their personal assets.

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The other argument currently reaching the courts is that of the online gaming sites. According to the websites, online gaming and game playing is among the most lucrative industries. By forbidding the freedom of these entrepreneurs to earn their living, the government is stepping over yet another Constitutional boundary (Balkin 2004). As of yet, this argument still has not been upheld in the court system. So, the federal government's prohibition still stands and along with it individual state laws as well.

Balkin, Jack (2004). Virtual Liberty: Freedom to Design and Freedom to Play in Virtual Worlds. Virginia Law Review, 90(8), 2043.

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Wu, Tim (2003). Network Neutrality, Broadband Discrimination.… [END OF PREVIEW] . . . READ MORE

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How to Cite "Ashcroft US Supreme Court Case" Essay in a Bibliography:

APA Style

Ashcroft US Supreme Court Case.  (2012, March 21).  Retrieved July 14, 2020, from

MLA Format

"Ashcroft US Supreme Court Case."  21 March 2012.  Web.  14 July 2020. <>.

Chicago Style

"Ashcroft US Supreme Court Case."  March 21, 2012.  Accessed July 14, 2020.