Reading Room Document
Constitutionality of 18 U.S.C. § 1302 as Applied to Newspaper Advertisements by the Maryland Lottery Commission
The document discusses the constitutionality of 18 U.S.C. § 1302 as it applies to the publication of advertisements in The Washington Star by the Maryland Lottery Commission for the Maryland State Lottery. The conclusion reached is that the First Amendment prohibits the application of 18 U.S.C. § 1302 to the Star, as it is protected by the First Amendment in printing advertisements intended to induce residents of the District of Columbia or Virginia to come to Maryland to buy lottery tickets. The document also presents questions for review regarding the protection of the news media in one state to publish the results of another state's legal lottery as an item of news interest, and the distinction between advertisements with news interest and those that invite readers to use the mails to purchase lottery tickets within a jurisdiction where this is illegal.
The OLC's Opinions
Opinions published by the OLC, including those released in response to our FOIA lawsuit