Useful legal analogy re Internet versus other "legal" gambling

[MiltonFriedman]

Hey iMEGA, here is a free bit of advice:

On Monday, a Federal court permanently enjoined a California law barring sale of violent video games to minors. Similar laws in 5 states have been struck down as unconstitutional, including Washington State I believe ... Why is this relevant ?

The California Court reasoned, in essence, that the there was no showing that the video game format was any more harmful in connection with violence than other formats for entertainment, such as movies or the Internet:

"[Judge] Whyte indicated that while the court was sympathetic to the state's agenda, the restriction cannot stand absent evidence that violent video games are "more harmful than violent television, moves, Internet sites or other speech-related exposures." California Gov. Arnold Schwarzenegger said Monday that his government will appeal the ruling.'

The analogy: That a State or the federal government allows gambling, remote or live in casinos could require an affirmative showing of harm unique to the Internet to support a ban on Internet gambling. Bluntly put, the Constitution protects speech, that the format is via the Internet does not automatically allow for Internet specific bans/regulation versus other forms of the same activity ... absent some pretty good support.

(This is the US Constitutional corollary to the WTO argument, the US gave up its right to discriminate against foreign service providers, then, by allowing US horseracing/lotterys to operate remotely, gave up its right specifically to discriminate against foreign gaming providers. Here, a State or the federal government cannot ban Internet speech while it allows the same speech to flourish in brick & mortar environs.

(I am not arguing that regulation or a ban is a per se Constitutional violation, just that there is no factual support to distinguish Internet gambling from lotteries, casinos, sports betting in person.)

iMEGA fails to make this argument to my knowledge, they really should.