Recent Development by Colin L. Black
Charles A. Brown was licensed by the Louisiana Gaming Control Board to operate video poker machines on the premises of his restaurant. Like 4,335 other owners of Louisiana businesses offering video poker, he had a financial interest in the outcome of the November 5, 1996, referenda vote on the continued presence of video gaming in the state. To voice his support for the video gaming industry, Mr. Brown wanted to make a contribution to an advertising fund organized to solicit support for video poker in the November referenda. The State of Louisiana, however, had declared by a provision in the Louisiana Gaming Control Law and Emergency Rule 107 of the Louisiana Gaming Control Board, that no licensee of the Board was to make any contribution to such a committee.
Charles Brown filed suit against the State of Louisiana on August 15, 1996, claiming that the State had denied his right to free speech in violation of the First Amendment to the Constitution of the United States. After denying a temporary restraining order, the state district court ordered a hearing on Brown's request for a preliminary injunction and held on August 20, 1996 that the statute and rule were unconstitutional insofar as they limited the ability of casino operators, licensees, or permittees to contribute to a political committee organized to support or oppose referenda or other ballot measures. The district court enjoined the State from enforcing the unconstitutional provisions of the statute and rule. However, the court then granted a suspensive appeal, staying implementation of the injunction pending the appeal. By request of the parties, the case was forwarded to the Louisiana Supreme Court for expedited consideration. The Louisiana Supreme Court held that the statute and rule were unconstitutional insofar as they prohibited contributions, expenditures, or loans to committees supporting or opposing ballot measures, and enjoined the State from enforcing the unconstitutional provisions. Brown v. State, 680 So. 2d 1179 (La. 1996).
About the Author
Colin L. Black.
Citation
71 Tul. L. Rev. 1593 (1997)