[fnurt]

[ QUOTE ]
"You'd have to get creative to argue that online gambling is free speech, I think."

How creative, really ?

1. Video games is a business, the company puts out software that someone pays to play on.

2. The publisher/provider of the software seems to enjoy speech protection.

3. Online poker sites publish/provide software that someone pays to play on.

4. Is there a valid "content" ban against real money play on the software ?? Under this line of cases, apparently not, because the same activity is allowed offline,by the government in brick & mortar venues.

5. Money laundering needs some evidentiary basis to stand up to scrutiny, otherwise why ban the activity rather than tailor a remedy for that possible ill. Cf ACLU v. Gonzales,

[/ QUOTE ]

The more I think about it, the more it would be very, very simple for the government to argue that online poker presents substantially greater dangers of money laundering than B&M poker.