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Casino City's Lawsuit to Declare Online Gaming Advertisements Legal Must Move Forward

24 November 2004

On Thursday, November 18, Casino City filed a 28 page memorandum of law documenting why its lawsuit seeking a declaratory judgement to establish the First Amendment right to advertise online casinos and sportsbooks cannot be dismissed. The memorandum was filed in response to a motion by the U.S. Department of Justice to dismiss Casino City's complaint submitted on October 29th.

According to Casino City's memorandum, "The DOJ in a well orchestrated plan unabashedly set out to stifle the free speech of an entire sector of the advertising industry contrary to the U.S. Constitution. Now, faced with a challenge to its conduct, the DOJ is asking this court to effectively immunize it from judicial review."

It continues "To protect itself from the harm of self-censorship, or worse yet, prosecution, Casino City seeks pre-enforcement declaratory relief from this Court ... the U.S. Supreme Court and the federal circuit courts, recognizing the severity of content-based prohibitions that inhibit or chill expression, have ... created a body of law that clearly allows for and recognizes First Amendment pre-enforcement challenges."

According to Michael Corfman, President of Casino City, "The arguments presented by the DOJ in their motion to dismiss were seriously flawed. We anticipate a prompt decision by the district court upholding our right to bring this lawsuit against the Department of Justice." He said the memorandum of law filed by Casino City fully addresses every argument made by the DOJ. It shows Casino City has standing to bring the requested action, shows the case is ripe for judicial consideration, and shows Casino City has a valid claim for relief.

The full text of the memorandum is available online in the legal documents section of the Casino City First Amendment website at https://online.casinocity.com/firstamendment/.

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Casino City's Lawsuit to Declare Online Gaming Advertisements Legal Must Move Forward is republished from Online.CasinoCity.com.