Fantasy Sports And Free Speech: Can There Be Restrictions On Certain Types Of Sports Betting?

Written on:March 7, 2018
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Restricting Sports Betting

With a possible PASPA strike-down looming ahead, every aspect of legal gambling is getting a spotlight on it. Nonetheless, even with the PASPA clock ticking, who knew the first amendment would become a factor in a legal embroilment surrounding gambling? Yet, it has

A legal suit brought to bear against the sports betting sites, DraftKings and FanDuel, by three former College ball players, centers specifically around the first amendment and whether it’s okay for sites, like the aforementioned, to take bets on contests that mention players by their given names, without the approval of the players.

It’s the contention of the former players, that in using their names without stayed permission, the site’s are in violation of an Indiana statute that protects their publicity. Meanwhile, the defendants argue that the first amendment specifically shields entertainment and gaming rights as matters of free speech. Although one squabble, the lawsuit could create future ripples, into a world where sports betting is forever hampered by the need to seek prior approval from every player they wish to set odds on.

Key Takeaways:

  • Three former college football players have filed a lawsuit against two fantasy sports betting sites.
  • The sites are being sued for using the player’s names without permission and jeopardizing their privacy, which they maintain is protected by an Indiana state law.
  • DraftKings and Fan Duel (the sites) insist that the first amendment protects their actions as a matter of free speech.

“And in what appears to be a state-by-state march towards sports betting legalization, it remains an open issue whether the free speech arguments in the current fantasy case will have implications”

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