A Question For Legal Minds

[Nalapoint1]

Could it be argued that this proposed ban on internet gambling violates our freedom of speech or some other right we have?

[Gabe DV]

This isn't an issue of speech--freedom of speech doesn't give you the freedom to do whatever you want. There is no right to do that.

Congress can regulate interstate commerce, this is a settled (for the most part) legal matter. This is clearly a no-go as far a constitutional challenge.

[Nalapoint1]

If congress passes a law banning ACCESS to gambling sites that the rest of the world has access to,isnt that violating one of our rights to freedom?
It is my understanding that lawmakers wont ban ACCESS to child pornagraphy because it violates freedom of press.They just made it illegal to download it. This is a human act that I think most would agree that anyone caught engaged in should be given a mandatory death sentence,yet they dont want Americans to even have access to gambling sites.

[h11]

It's well-established that government in the US can regulate gambling. But the law which passed the House probably violates international trade rules, in that it permits internet gambling for our horse tracks, our interstate lotteries, yet does not permit a firm in Costa Rica offering similar gambles to US residents. We are protecting our own gambling providers while stiffing those abroad, and that sounds like something trade agreements don't permit. Unfortunately, from our point of view, the punishment on the US for such violations are minor. Costa Rica could complain, and be granted a right to impose tariffs on US goods sold into Costa Rica. But Costa Rica may not want to impose such tariffs, since that screws up their economy a bit, and the cost to the US is trivial since we don't sell all that much to Costa Rica. So we might just say - ok, we will be punished by higher tariffs on US-made goods in a few tiny nations. So what?

[Lawman007]

[ QUOTE ]
If congress passes a law banning ACCESS to gambling sites that the rest of the world has access to,isnt that violating one of our rights to freedom?

[/ QUOTE ]

No.

[Mr.K]

[ QUOTE ]
Could it be argued that this proposed ban on internet gambling violates our freedom of speech or some other right we have?

[/ QUOTE ]

This entire line of inquiry is a waste of time. Sorry.

[adanthar]

[ QUOTE ]

It is my understanding that lawmakers wont ban ACCESS to child pornagraphy because it violates freedom of press.They just made it illegal to download it.

[/ QUOTE ]

no

[JCool]

The Supreme Court settled this freedom to contract [censored] argument almost 70 years ago and guess what, Congress wins, you lose.