North Carolina Sweepstakes Cases Cite Brown v. EMA

October 26, 2011 -

Yesterday we mentioned that the North Carolina Appeals Court would hear oral arguments about two different cases related to video-style sweepstakes games in the state. Today we know a bit more about what each side argued yesterday before the three-judge panel hearing both cases. The cases relate to an Internet sweepstakes ban that took effect last December and followed an earlier state ban on traditional video poker machines.

Acting Solicitor General John Maddrey gave arguments Tuesday in both cases before a three-judge panel of the Court of Appeals. In one case, the state asked the court to uphold a Wake County judge's ruling backing the entire law, and in the other case, it asked the judges to reverse a Guilford County judge's ruling striking down part of the law as a violation of the First Amendment.

"It's not a video-game regulation statute standing alone. It's a sweepstakes statute, a statute that defines types of sweepstakes that are not permitted or allowed," Maddrey said.

Lawyers representing business owners argued that Internet sweepstakes are legal based on a ruling that came after these two rulings came down. The case they are referring to is Brown v. the Entertainment Merchants Association.

"In that case, the U.S. Supreme Court said video games qualify for First Amendment protection, that video games are a form of speech," said Kelly Daughtry, a lawyer representing Sandhills Amusements, which was involved in the Wake County lawsuit.

Adam Charnes, an attorney for Hest Technologies and International Internet Technologies, argued that allowing people to click on computer screens to uncover potential prizes is simply a marketing tactic to encourage customers to buy Internet or phone time. The two companies market long-distance phone and Internet services sold at outlets across the state. These companies were involved in the Guilford County lawsuit.

While these two cases are sorted out by the Appeals Court, Prosecutors statewide have told police and sheriff's deputies to enforce only parts of the law that were upheld by both trial judges and to close down casino-style games and those "not dependent on the skill or dexterity of the player." Other sweepstakes outlets or retailers have continued to operate by getting rid of slots and Pot-o-Gold machines with cartoon-style games.

Source: WRAL

Image provided by Shutterstock. All rights reserved.


 
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Kronodebate. Becaus apparently people who only post on Reddit are supposed to police twitter before they're allowed to question anything about the people involved.09/18/2014 - 10:40pm
KronoI highly doubt many, if any are using journalistic integrity as a cover for harassment. The people harassing are essentially trolls. They aren't interested in subtle. More often it's othe other way around. People use "but X is being harassed" to shut down09/18/2014 - 10:38pm
Andrew EisenAnd exacerbating everything is the fact that all the cries of ethics violations have been obnoxious and easily proven false.09/18/2014 - 8:59pm
Andrew EisenProblem is, I would imagine, the sheer number of people who are using journalistic integrity as a cover for their harassing actions or only bringing it up on the false pretense of journalistic integrity.09/18/2014 - 8:47pm
Andrew EisenHaving said that, I can certainly see how one would be frustrated if they truly just wanted to talk about journalistic integrity and someone said they were one of the people harassing Sarkeesian, Quinn and others (though I've seen no examples of that).09/18/2014 - 8:44pm
KronoThat's been the common refrain, that talk of journalism ethics is just an excuse to harass people.09/18/2014 - 8:44pm
KronoLines like "like a partial compromise with the howling trolls who’ve latched onto ‘ethics’ as the latest flag in their onslaught against evolution and inclusion." are taring everyone questioning the ethics as a harasser.09/18/2014 - 8:43pm
Andrew EisenKrono - Except, none of the articles were talking about gamers complaining about journalist ethics, let alone called them white male misogynists. They were talking about the gamers who were harassing others.09/18/2014 - 8:36pm
Kronomakes plenty of sense. It's rather hard to dismiss someone as a white guy running a sock puppet when they've posted proof they're a woman, or black, or another minority.09/18/2014 - 8:32pm
Kronothat any critics of journalists were white guys that hated women, and could be dismissed as such. It seems to have helped some. It's kind of difficult to maintain the white guy narrative in the face of a bunch of women and non-white guys. So the tag09/18/2014 - 8:32pm
Kronothat, someone vented on a #gamergate 4chan thread about being dismissed like that. The suggestion they got in return was to organize their own hashtag in response, with #NotYourShield being suggested. Thus the tag came into use to combat the undercurrent09/18/2014 - 8:32pm
Kronomuch more general problem. And while several of the articles were fairly tame, they spured a bunch of people to dismiss any critics of the journalism involved as misogynistic men. Usually with insults aimed at the geek stereotype. After about a week of09/18/2014 - 8:32pm
Andrew EisenSleaker - Not sure what that has to do with anything but yeah, the gender percentages differ depending on how the study defines what a gamer is.09/18/2014 - 8:32pm
KronoThe rhetoric pushed by the spearheading articles that the "gamers" complaining about journalist ethics were just angry white male misogynists, insulted a lot of people that were previously fairly neutral. It made it go from a Kotaku problem, to a09/18/2014 - 8:31pm
Krono@Andrew I'm not surprised overlap exists. I expect much of it is a rush to jump on the bandwagon, either by reporting on the original articles, or rushing out their own. The point is that was a major flashpoint, much bigger than the reddit mass deletion.09/18/2014 - 8:31pm
Sleaker@AE - well the gamer trend was described with stats on Factual Femenist. Only 1 in 7 males plays games 20+ hrs going into college vs 1 in 40 females. So gaming is definitely still male dominated despite fake stats trying to say otherwise.09/18/2014 - 8:30pm
Craig R.Do conspiracies ever make sense? The fact that people are now having to defend themselves against nutjob websites like Breitbart.com shows how far down into the rabbit hole we've all been forcibly dragged.09/18/2014 - 7:05pm
Michael ChandraBut when the mountain obviously exists...09/18/2014 - 5:49pm
Michael ChandraMind you, if someone makes a mountain out of a molehill with a secret agenda as motive, it'd be fine.09/18/2014 - 5:48pm
Andrew EisenOkay, so I guess I'm not making sense of #notyourshield because it doesn't make any sense.09/18/2014 - 5:28pm
 

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