The First Amendment, Gaming Advertisements, and Congressional Inconsistency: The Future of the Commercial Speech Doctrine after Greater New Orleans Broadeasting Ass'n v. United States

Abstract

This Note explores the Court's decision in Greater New Orleans Broadcasting Ass'n v. United States and discusses the implications of the Court's determination that the First Amendment permits lawful casinos to broadcast truthful, non-misleading gaming advertisements. Part II provides an introduction into the development of the commercial speech doctrine, examines Congress' inconsistency in regulating gaming advertisements, and traces lower courts' treatment of the Central Hudson test as it applies to such advertisements. Part III presents the facts and procedural history of Greater New Orleans and is followed by an analysis of the majority and concurring opinions in Part IV. Part V considers Greater New Orleans' judicial, legislative, and social impact. Part VI concludes with an overview of the commercial speech doctrine in light of the Court's decision in Greater New Orleans.