PUBLIC NOTICE
FEDERAL COMMUNICATIONS COMMISSION
1919 M STREET, N.W.
WASHINGTON, DC 20554 __________________DA 97-2685
News media information 202/418-0500 t-ax-On-Demand 202/418-2830 Internet: http://www.fcc.gov ftp.fcc.gov
Released: December 23, 1997
COMMISSION WILL NOT ENFORCE RESTRICTIONS
ON LOTTERY ADVERTISEMENTS WITH RESPECT TO
STATIONS LICENSED IN NEW JERSEY
The Commission has received numerous inquiries concerning the December 16, 1997, decision 
of the United States District Court for the District of New Jersey in Players International. Inc.. et al. v. 
United States and FCC. Civil Action No. 96-4911. In the interest of clarifying the FCC's enforcement 
position in light of this ruling, the Office of General Counsel and the Mass Media Bureau are issuing this 
Public Notice.
In the Players decision, the court declared that the restrictions on the broadcast of lottery 
information contained in Title 18 United States Code, Section 1304, and Section 73.1211 of the 
Commission's Rules, "unconstitutionally infringe upon plaintiffs' First Amendment rights." The district 
court has not issued an injunction against the enforcement of the restrictions.
After consultation with the Department of Justice, the Commission has decided, consistent with 
its response to a similar case in the Ninth Circuit, Valley Broadcasting v. United States, 107 F.3d 1328 
(9th Cir. 1997), that it will not enforce the ban on the broadcast of lottery information against stations 
licensed to communities in New Jersey. This policy of non-enforcement applies to any such broadcasts 
which air from December 16, 1997, the date of the district court's decision, unless and until such time 
as that decision is overturned or otherwise altered or stayed.
We caution broadcasters that they should ensure that the broadcast of information regarding 
lotteries is not prohibited or otherwise restricted by New Jersey state law.
-FCC- 
For further information, contact Catherine Withers, Mass Media Bureau, (202) 418-1430.
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