Plaintiffs desire to broadcast commercials related to legal gaming activities located in Nevada such as blackjack, craps, poker, roulette, slot machines, and other lawful games of chance. Reply (# 28) at 3.
Plaintiffs, however, have been deterred from doing so based on the FCC's enforcement of
18 U.S.C. § 1304 and
47 C.F.R. § 73.1211, which prohibit the broadcast of all promotional advertising involving casino gambling. Motion for Summary Judgment (# 18), Exhibit 3 at 3.
In support of this policy, the FCC maintains that it has a substantial interest in inhibiting the growth of legalized gambling and its perceived social ills, as well as a federalism interest in furthering the public policies of California and Utah which prohibit casino gambling.
See Cross–Motion for Summary Judgment (# 24) at 41–48: Reply (# 40) at 7–16.