18 U.S.C. § 1304
Broadcasting lottery information
Whoever broadcasts by means of any radio or television station for which a license is required by any law of the United States, or whoever, operating any such station, knowingly permits the broadcasting of, any advertisement of or information concerning any lottery, gift enterprise, or similar scheme, offering prizes dependent in whole or in part upon lot or chance, or any list of the prizes drawn or awarded by means of any such lottery, gift enterprise, or scheme, whether said list contains any part or all of such prizes, shall be fined under this title or imprisoned not more than one year, or both.
Each day’s broadcasting shall constitute a separate offense.
Notes of Decisions
Cited in 39
cases, 1953–2011 · leading case: Greater New Orleans Broad. Assn., Inc. v. United States, 527 U.S. 173 (1999).
Greater New Orleans Broad. Assn., Inc. v. United States, 527 U.S. 173 (1999). “418 (1993), we upheld the constitutionality of 18 U. S. C. § 1304 as applied to broadcast advertising of Virginia's lottery by a radio station located in North Carolina, where no such lottery was authorized.”
United States v. Edge Broad. Co., 509 U.S. 418 (1993). “" 18 U. S. C. § 1304 , as amended by the Charity Games Advertising Clarification Act of 1988, Pub.”
Am. Broad. Co. v. United States, 110 F. Supp. 374 (S.D.N.Y. 1953). “These rules set forth for the guidance of all broadcast licensees and other interested persons the Commission's interpretation of Section 1304 of the United States Criminal Code ( 18 U.S.C. § 1304 ) prohibiting the broadcast of any lottery, gift enterprise, or similar scheme…”
The New York State Broadcasters Ass'n, Inc. & Metromedia, Inc. v. United States of Am. & Fed. Commc'ns Comm'n, 414 F.2d 990 (2d Cir. 1969). “have petitioned for review of a declaratory ruling of the Federal Communications Commission on whether certain proposed broadcasts about the New York State Lottery would violate 18 U.S.C. § 1304 , which prohibits broadcasting lottery information, and the Commission’s regulations.”
Players Int'l, Inc. v. United States, 988 F. Supp. 497 (D.N.J. 1997). “They commenced this action against the United States and the Federal Communications Commission (“FCC”) seeking to enjoin the government from enforcing 18 U.S.C. § 1304 and its corresponding FCC regulation 47 C.”
Greater New Orleans Broad. Ass'n v. United States of Am. & Fed. Commc'ns Comm'n, 69 F.3d 1296 (5th Cir. 1995). “18 U.S.C. § 1304 . While recognizing that the advertisements were entitled to limited protection under the First Amendment, the district court concluded that the governmental interests served by the statute were sufficient to override the First Amendment under the Supreme…”
State v. Reader's Digest Ass'n, 501 P.2d 290 (Wash. 1972). “§ 1304 , adopted rules banning radio and television programs that gave away prizes by chance and which required the winner to: (1) furnish "money or something of value;" or (2) listen to or view the program in question; or (3) answer correctly a question, the answer to which or…”
CBS Corp. v. Fed. Commc'ns Comm'n, 663 F.3d 122 (3rd Cir. 2008). “To this end, the FCC promulgated regulations interpreting 18 U.S.C. § 1304 , which prohibits broadcasting “any advertisement of or information concerning any lottery, gift enterprise, or similar scheme, offering prizes dependent in whole or in part upon lot or chance.”
New Jersey State Lottery Comm'n v. United States, 491 F.2d 219 (3rd Cir. 1974). “Proceedings before the FCC commenced in February 1971 when Jersey Cape Broadcasting Corporation, a licensee of broadcast frequencies operating in Wildwood, New Jersey, filed a request for a declaratory ruling on the question whether its broadcast of the winning weekly number in…”
United States v. New Jersey State Lottery Comm'n, 420 U.S. 371 (1975). “This case involves a question regarding the applicability of 18 U. S. C. § 1304 , which provides: "Whoever broadcasts by means of any radio station for which a license is required by any law of the United States, or whoever, operating any such station, knowingly permits the…”
Fed. Commc'ns Comm'n v. Am. Broad. Co., 347 U.S. 284 (1954). “1 18 U. S. C. § 1304 (derived from former § 316 of the Communications Act of 1934, 48 Stat.”
State v. Socony Mobil Oil Co., 386 S.W.2d 169 (Tex. App. 1964). “POPE, Justice (dissenting). In my opinion, the scheme is a lottery.”
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