Free speech advocates speak out about "absurd" Washington State online gambling law

In case you've been living under a rock this past month - and this might be a good time to point out that living under a rock could actually be better than living in beautiful Washington State these days - you might not know it is now illegal to play poker online in places like Seattle, Spokane and Olympia, Washington.

That's because the state's governor, Christine Gregoire, has not only taken it upon herself to outlaw online gambling, she's also made it a felony with the same punishment given to child predators, second offense drunk drivers and drug dealers.

Director of the state's gambling commission, Rick Day, recently warned the Seattle Times.

"My suggestion to you is to remove from your paper any advice about online gambling and any links to illegal sites," Day said.

Perhaps this wouldn't be so bad if not for the fact that Washington State citizens are encouraged to gamble in that state's various Indian land based casinos and the state lotteries, not to mention you can bet horses online.

Freedom of speech will ultimately take center stage as a result of this new law and Gambling911.com wouldn't be the least bit surprised to see the ACLU get involved as they have with states such as New Mexico, which attempted unsuccessfully to block its citizens from accessing online gambling websites via internet service providers.

The Seattle Post Intelligencer editorial board has suggested in a recent editorial that "Washington legislators would do well to retool their new Internet gambling law before the courts do it for them."

The law, which took effect June 7, seems to unjustifiably threaten free speech rights.

It makes it a felony if someone "knowingly transmits or receives gambling information" online. That's casting an unacceptably broad net.

What is the state's compelling interest in outlawing Internet gambling, as the federal government already has done? Can any state law really protect its citizens foolish enough to trust their fortune -- and their credit cards -- to clandestine croupiers?

The state's more logical, if cynical, vested interest is in preserving market share for its revenue-raising games, such as Lotto, or in protecting its home-grown tribal gambling industry.

In any event, the Legislature went too far in making it a felony to link to or merely refer to an online gambling site. It's indicative -- and a bit embarrassing -- that lawmakers exempted the news media.

"If the P-I puts it on the Internet," University of Washington law professor Stewart Jay says, "it's legal. If Joe Blow puts it on the Internet, it's illegal. ... When you discriminate between forms of speech and providers, the government has to provide a compelling reason."

The state has failed to do so with this law, so its prospects for surviving a court challenge are suspect.

A survey conducted by the paper revealed that nearly 78% of the readers believe Washington State should not outlaw online gambling. 

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Christopher Costigan, www.gambling911.com

Originally published June 27, 2006 11:11 pm EDT