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Sweepstakes Courtroom Gamble The 2010 law was passed to clarify and strengthen a 2007 law that explicitly outlawed video poker in North Carolina. The legislation was prompted by a proliferation of sweepstakes cafes and parlors across North Carolina that have essentially set up video poker casinos that require players to purchase phone or Internet time in order to gain access to the games of chance. Video gambling proponents, developers, and owners argue that the video screens constitute speech by the parlor owners and are therefore protected from being outlawed under the First Amendment. That argument harkens back, in part, to a recent U.S. Supreme Court ruling that video game content is entitled to the same free speech protections as books or films. However, the State Solicitor General distinguished the North Carolina law by pointing out that it does not prohibit video game sales or the legal use of sweepstakes. The statute only prohibits the combination of video games with sweepstakes. The title of the bill is: “AN ACT TO BAN THE USE OF ELECTRONIC MACHINES AND DEVICES FOR SWEEPSTAKES PURPOSES.” The state attorney argued that it is an appropriate use of the government’s police power to regulate conduct that is harmful to citizens. In this case, he argued that the State is justified in its regulation and prohibition of video gambling through sweepstakes games because of the individual and social harm that is wrought by the conduct of widespread gambling. He went on to argue that even if this activity is considered as speech, that there is no unrestricted right to play video games—that time, place and manner can be evaluated, and the manner and mode of speech can be constitutionally regulated. Related resources: Copyright © 2012. North Carolina Family Policy Council. All rights reserved.
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