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Case record · Advertising and Marketing Lawsuits

Casino advertising First Amendment ruling: Allegations, Court Orders and Status

Status
Judgment entered (judgment)
As of
14 Jun 1999 · read from the court record
Court
U.S. Supreme Court (from the Fifth Circuit) · Supreme or high court
Docket
98-387
Judge
Stevens, J. (Rehnquist, C.J., concurring; Thomas, J., concurring in the judgment)
Filed
1994
Type
Constitutional challenge, advertising and marketing lawsuits
Money
No settlement fund or award on record
Payout
No payout exists as of 14 Nov 2026

Status words follow the court record: a complaint states one side's allegations, only the court's orders decide anything. Filing a settlement claim is always free.

What this case is about

Stevens, J. (527 U.S. 173) held that s. 1304 cannot constitutionally be applied to truthful broadcast ads for lawful casino gambling in a state where it is legal, given the statute's exemptions for tribal and state-run gambling. It opened the airwaves to casino and, after 2018, sportsbook advertising and is the constitutional backdrop to today's advertising suits and state marketing rules.

What this case is about

Greater New Orleans Broadcasting Association, Inc. v. United States, No. 98-387, is a U.S. Supreme Court case on appeal from the Fifth Circuit. It was filed in 1994 and decided on 14 June 1999, and it reported at 527 U.S. 173.

The Louisiana broadcasters challenged 18 U.S.C. section 1304 and FCC rules that barred broadcast advertising of private casino gambling. They argued the ban violated the First Amendment under the Central Hudson commercial speech test. The case is a cornerstone of the advertising and marketing lawsuits that followed.

Who is covered

The plaintiffs were the Greater New Orleans Broadcasting Association and Louisiana broadcasters. The defendants were the United States and the Federal Communications Commission.

The ruling covers truthful broadcast advertising for lawful casino gambling in a state where it is legal. It is not limited to Louisiana in its reach, because the Court decided how section 1304 can be applied to such ads, and the statute is federal. Louisiana material is collected under gambling lawsuits in Louisiana.

Is there a payout?

No payout exists in this case. It was a constitutional challenge to a statute, not a damages or class action, and the record shows no fund, fine or settlement.

There is no claim form and nothing for a player to file.

What the court decided

Justice Stevens wrote the opinion, with Chief Justice Rehnquist concurring and Justice Thomas concurring in the judgment. The Court reversed the Fifth Circuit.

It held that section 1304 cannot constitutionally be applied to truthful broadcast ads for lawful casino gambling in a state where gambling is legal, given the statute's exemptions for tribal and state-run gambling.

The case was argued on 27 April 1999. The practical question was whether a federal ban on broadcasting casino ads could stand when the same statute exempted tribal and state-run gambling from the ban.

As of 14 November 2026 the status is judgment. The decision of 14 June 1999 stands as decided law. Other U.S. cases are listed under gambling lawsuits in the United States.

Why it matters

The ruling opened the airwaves to casino advertising and, after 2018, sportsbook advertising. It is the constitutional backdrop to today's gambling advertising suits and to state marketing rules.

The Court's reasoning turned on the statute's exemptions for tribal and state-run gambling. Read more in advertising and marketing lawsuits against gambling operators.

Questions people ask

What did Greater New Orleans Broadcasting v. United States decide?

It decided on 14 June 1999 that 18 U.S.C. section 1304 cannot be applied to truthful broadcast ads for lawful casino gambling in a state where it is legal, given the statute's exemptions for tribal and state-run gambling.

Who wrote the opinion?

Justice Stevens wrote it. Chief Justice Rehnquist concurred, and Justice Thomas concurred in the judgment.

Does the ruling let operators advertise anywhere?

No. The holding is limited to truthful broadcast ads for lawful casino gambling in a state where it is legal. State marketing rules on sportsbook promotions are separate and are covered in the advertising lawsuits hub.

Who is involved

Plaintiffs: Greater New Orleans Broadcasting Association and Louisiana broadcasters

DefendantsUnited States; Federal Communications Commission
JudgeStevens, J. (Rehnquist, C.J., concurring; Thomas, J., concurring in the judgment)
Claims
  • First Amendment (Central Hudson) challenge to 18 U.S.C. s. 1304 and FCC rules barring broadcast advertising of private casino gambling

Is there a payout?

No payout exists in this case as of 14 Nov 2026.

What happens next

No future date is on the record we hold. The case is closed on the record we hold; later appeals or enforcement steps would be added here.

Timeline

2 dated steps on record, oldest first. Future dates come from court notices and can move.

DateEvent
1994Filed
14 Jun 1999Judgment entered

Documents and sources

1 primary source (court file, administrator notice, regulator) and 1 secondary. Press is supporting evidence only.

What it supportsSourceTypeRetrieved
docket 98-387, decided 14 June 1999, author, holdinglaw.cornell.edun/a14 Nov 2026
No. 98-387, argued 27 Apr 1999, decided 14 June 1999, Fifth Circuit reversedlaw.cornell.eduprimary14 Nov 2026

Last checked against the sources on 14 Nov 2026. Found an error? Tell us and we correct the record with a dated note.