Frances Clay

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In Greater New Orleans Broadcasting Ass'n v. United States, the United States Supreme Court considered whether 18 U.S.C. § 1304 which prohibits the broadcast of gambling advertisements, violated First Amendment protection of commercial speech—speech related only to the speaker's and the audience's economic interests—when applied to broadcast advertisements within states that have legalized casino gambling. Many critics expected, and perhaps hoped, the Supreme Court would seize this opportunity to discard, or at least drastically modify, the Central Hudson balancing test that the Court has used in commercial speech cases for almost twenty years. The Court refused to do so, however, leaving the appropriate application of the test open to as much confusion as before. Still, the Court continued its trend of extending protection to commercial speech by holding the statute violated First Amendment commercial speech protection as applied to the facts of this case.