Modernizing Federal Restrictions on Gaming Advertising: Hearing Before the Subcommittee on Criminal Law of the Committee on the Judiciary, United States Senate, Ninety-eighth Congress, First Session, on S. 1876 ... November 16, 1983

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Page 77 - It is important to the concept of self-government that tribes reduce their dependence on Federal funds by providing a greater percentage of the cost of their self-government. Some tribes are already moving in this direction. This administration pledges to assist tribes in strengthening their governments by removing the Federal impediments to tribal self-government and tribal resource development.
Page 72 - That alternative is to assume that this information is not in itself harmful, that people will perceive their own best interests if only they are well enough informed, and that the best means to that end is to open the channels of communication rather than to close them.
Page 67 - The Commission believes that the states should have the primary responsibility for determining what forms of gambling may legally take place within their borders. The federal government should prevent interference by one state with the gambling policies of another, and should act to protect identifiable national interests. The Commission recommends that Congress consider enacting a statute to insure the state's continued power to regulate gambling.
Page 1 - States, or whoever, operating any such station, knowingly permits the broadcasting of, any advertisement of or information concerning any lottery, gift enterprise, or similar scheme, offering prizes dependent in whole or in part upon lot or chance, or any list of the prizes drawn or awarded by means of any such lottery, gift enterprise, or scheme, whether said list contains any part or all of such prizes, shall be fined not more than $1,000 or imprisoned not more than one year, or both.
Page 69 - ... (1) The First Amendment protects commercial speech only if that speech concerns lawful activity and is not misleading. A restriction on otherwise protected commercial speech is valid only if it (2) seeks to implement a substantial governmental interest, (3) directly advances that interest, and (4) reaches no further than necessary to accomplish the given objective.
Page 71 - FCC 2d 846). (c) The provisions of paragraphs (a) and (b) of this section shall not apply to an advertisement, list of prizes or other information concerning a lottery conducted by a State acting under authority of State law...
Page 72 - Commercial expression not only serves the economic interest of the speaker, but also assists consumers and furthers the societal interest in the fullest possible [562] dissemination of information. In applying the First Amendment to this area, we have rejected the "highly paternalistic" view mat government has complete power to suppress or regulate commercial speech.
Page 68 - ... different approaches, discarding those that are unsuccessful and emulating those that have been effective in other States. The Federal Government, in the exercise of its regulatory and tax powers, should not unnecessarily impair State efforts to compete with illegal gambling operations And States that choose not to give legal sanction to gambling in some or all of its forms should not have it imposed upon them by either their sister States or the Federal Government. We recognize that some would...
Page 72 - ... highly paternalistic" view that government has complete power to suppress or regulate commercial speech. "People will perceive their own best interests if only they are well enough informed and . . . the best means to that end is to open the channels of communication, rather than to close them.
Page 77 - Tribal governments, like State and local governments, are more aware of the needs and desires of their citizens than is the Federal Government and should, therefore, have the primary responsibility for meeting those needs. The only effective way for Indian reservations to develop is through tribal governments which are responsive and accountable to their members.

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