Legal Experts Think Washington State Online Casino Ban Unconstitutional

Lawyers say the law is simply too broad.  What is more, free speech experts say that, as drawn, the unfair law leaves people who operate Web sites at risk of prosecution for posting links to online casinos or producing articles about Internet gambling. That’s clearly against the First Amendment of the Constitution of the U.S., these experts told Onlinecasinocrawler.com.

Broad Latitude

A Seattle-based attorney who works on e-commerce issues, Kraig Baker, said that online publishers have pretty broad latitude about what they can publish or link on their Web sites. Typical exceptions are "fighting words," obscenity and threats to national security. "The rule is that there's no liability for placing a link on a Web site," Baker said. "There is great deference paid toward speech."

The law states that 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.

That language is also raising concerns among lawyers.  "The law is over-broad,” said Michael Overing, a free speech advocate and lawyer in California. “Providing a hypertext link does not seem to aid and abet gambling.”

First-time offenders likely will get a cease-and-desist order pointing out the violation, according to Rick Day, director of the Washington State Gambling Commission. But, continued offenses might mean criminal charges, he added.

Last month, Todd Boutte, a Bellingham man whose "Integrity Casino Guide" Web site linked to online casinos, was targeted by state officials.

Harassed by Government

Boutte, who, after being harassed by the government, shut down his site, told reporters he was supporting his family by running the site.

Day said consumers who just link to gambling sites were risking prosecution.

"Any party involved could be guilty of a violation of state law," Day said. Boutte subsequently shut down his site. He couldn't be reached for additional comment.

A University of Washington law professor, Stewart Jay, 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. "It's a very crude distinction that's being made here. When you discriminate between forms of speech and providers, the government has to provide a compelling reason,” said Jay.

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