May 25 2018

WASHINGTON, D.C.—In Murphy v. National Collegiate Athletic Association, the U.S. Supreme Court upended the sports and gaming worlds by striking down the Professional and Amateur Sports Protection Act (PASPA). Womble Bond Dickinson attorney Gregg Skall analyzes the impact of this landmark ruling on the broadcast advertising sector in a new column in All Access.

PASPA banned gambling on competitive sporting events in most states throughout the country. However, earlier this month, the Supreme Court agreed with the state of New Jersey that PASPA was an unconstitutional overreach of federal authority. In the wake of Murphy, sports betting now becomes a state-by-state legal issue (barring any subsequent developments at the federal level.)

Many broadcasters hope the Murphy ruling will be a windfall for radio and TV advertising. But Skall cautions that the legality of such advertising isn’t so cut-and-dried.

“Any determination of what lottery activities are legal, and therefore may be advertised, depends upon the analysis of state, rather than federal law. In this regard, each broadcaster must examine the gaming laws of their own state,” Skall writes. Many states may consider new legislation to allow sports betting and advertising on such activities, “but it's important to note that we're not there yet,” Skall said.

Skall also examines existing FCC law related to gambling, as well as the role of casinos on American Indian reservations in the gaming advertising equation.

Click here to read “On Your Mark, Get Set ... Go? Are You Ready To Spin The Wheel?” by Gregg Skall in All Access.

Also, click here to read Womble Bond Dickinson’s client alert on “Supreme Court Opens Door to Legalized Sports Betting.”

Gregg Skall represents broadcasters and other parties in their regulatory dealings before the Federal Communications Commission and in their commercial business dealings. He serves as Washington Counsel to several state broadcaster associations. He also works with telecommunications companies and with radio device manufacturers to obtain FCC approvals.

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