Re: Thanks Russ
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The basic premise is that online poker is not illegal everywhere in the US. Hypothetical State A does NOT outlaw it and there is no Federal law which outlaws it.
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Unfortunately, the USDOJ currently holds the opposite opinion--that federal law today does outlaw all Internet gambling. This view has been stated many times, including the letters by the DOJ to North Dakota and Nevada (when they were considering laws on Internet gambling). And a broadcaster, holding a license from the federal government, has no choice but to obey the views of the DOJ. The risks of fines and even the potential of losing the license are too high. Whether the DOJ's view is correct or not is irrelevant when the US government holds all the cards.
If and when a state has legal intrastate online gambling, I believe at that time it would be legal for an in-state broadcaster to air advertisements for said site, with appropriate disclaimers.
-- Russ Fox
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I am so shocked by your post that I am wondering if there is some brilliant nuance that I am missing.
The DOJ does not interpret law, they enforce it. The courts interpret law and so far they have said that the Wire Act does not apply to poker.
It is "revelant" if the DOJ is correct in their opinion of the federal legality of online poker.
You make it sound as if the DOJ has never been contradicted by the courts, and so it is futile to ever challenge their opinion.
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