This section contains the nature of the case and procedural background.

Section 1304 prohibits radio and television broadcasting of any lotteries or casino type gambling. But for the threat of sanctions under 1304, Ps would broadcast promotional advertisements for gaming available at private, for-profit casinos that are legally operating under State law. However, because of the nature of such broadcasts, they may be heard in Texas and Arkansas where such gambling is illegal. Ps sought a declaration that 1304 violates the First Amendment. The District Court ruled in favor of D, and the Fifth Circuit affirmed that grant of summary judgment. The Supreme Court granted certiorari.

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