On 15 May 1948, Puerto Rico adopted Act No. 221, the Games of Chance Act, which...
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On 15 May 1948, Puerto Rico adopted Act No. 221, the Games of Chance Act, which allowed regulated casino gambling but disallowed advertisement of gambling establishments within the boundaries of Puerto Rico. In 1978, the Texas-based Posadas de Puerto Rico Associates, which hosted a gambling facility at the Condado Holiday Inn, was fined twice by the Puerto Rico Tourism Board for such advertising. In 1979, the Tourism Board sent a memo to casino operators further clarifying restrictions on advertising to include "the use of the word 'casino' in matchbooks, lighters, envelopes, inter-office and/or external correspondence, invoices, napkins, brochures, menus, elevators, glasses, plates, lobbies, banners, flyers, paper holders, pencils, telephone books, directories, bulletin boards or in any hotel dependency or object which may be accessible to the public in Puerto Rico."] Following this, it fined the company again several times. The firm challenged the fines as violations of the First Amendment s protection of commercial speech. Is the Act constitutional? Explain. On 15 May 1948, Puerto Rico adopted Act No. 221, the Games of Chance Act, which allowed regulated casino gambling but disallowed advertisement of gambling establishments within the boundaries of Puerto Rico. In 1978, the Texas-based Posadas de Puerto Rico Associates, which hosted a gambling facility at the Condado Holiday Inn, was fined twice by the Puerto Rico Tourism Board for such advertising. In 1979, the Tourism Board sent a memo to casino operators further clarifying restrictions on advertising to include "the use of the word 'casino' in matchbooks, lighters, envelopes, inter-office and/or external correspondence, invoices, napkins, brochures, menus, elevators, glasses, plates, lobbies, banners, flyers, paper holders, pencils, telephone books, directories, bulletin boards or in any hotel dependency or object which may be accessible to the public in Puerto Rico."] Following this, it fined the company again several times. The firm challenged the fines as violations of the First Amendment s protection of commercial speech. Is the Act constitutional? Explain.
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ISBN: 9781285586618
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