Constitutional Law Keyed to Cohen
Greater New Orleans Broadcasting Association, Inc. v. United States
The Petitioner is an association of Louisiana broadcasters and its members who operate FCC licensed radio and television stations in the New Orleans area. The Petitioners claim, that if not for the threat of sanctions, they would broadcast promotional advertisements for gaming available at private, for-profit casinos. Such for profit casinos are lawful and regulated in Louisiana and Mississippi, but not in Texas and Arkansas. The FCC claims its prohibition of casino advertisement pursuant to 18 U.S.C Section: 1304 prohibits radio and television stations from broadcasting “any advertisement of or information concerning any lottery, gift enterprise or similar scheme, offering prizes dependent in whole or in part upon lot or chance, or any list of the prizes drawn or awarded by means of such lottery, gift enterprise, or scheme, whether said list contains any part or all of such prizes.” The FCC further states that under appropriate conditions, some broadcast signals from Louisiana stati ons may be heard in Texas and Arkansas, where private casinos are illegal. The Petitioners then brought this action against the Respondents, the United States and FCC (Respondents) to have 18 U.S.C. Section: 1304 declared unconstitutional as the First Amendment of the Constitution applies and for an injunction preventing enforcement of the statute and the FCC rule against them. The District Court ruled against the Petitioners and the Fifth Circuit affirmed. The Petitioners then appealed to the Supreme Court of the United States (Supreme Court) on the same grounds as their appeal to the Fifth Circuit.
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