DOJ Moves to Dismiss Casino City's First Amendment Case

1 November 2004

(PRESS RELEASE) -- On Friday, October 29 the U.S. Department of Justice filed a motion to dismiss Casino City's complaint to establish its First Amendment right to advertise online casinos and sports books. The motion was received by Casino City earlier today.

According to Michael Corfman, President of Casino City, a motion to dismiss has always been considered the most likely initial response from the federal government to the complaint. This expectation was confirmed two weeks ago when the Justice Department requested a ten-day extension to their deadline for responding indicating additional time was required to prepare their motion to dismiss.

The motion to dismiss argues that if the activities of Casino City are legal then there is no imminent threat of prosecution, and that in this situation the case should be dismissed. It further argues that if the activities are illegal then First Amendment protection of commercial free speech does not apply, and in this situation the case should also be dismissed. Corfman said he got a real chuckle out of the circular nature of many of the arguments presented. He expects to have further comments after he has reviewed the motion in detail with the firm's attorneys.

The full text of the motion is available online in the legal documents section of the Casino City First Amendment website at

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