U.S. Code » Title 28 » Part PART VI— PARTICULAR PROCEEDINGS › Chapter CHAPTER 178— PROFESSIONAL AND AMATEUR SPORTS PROTECTION

28 U.S.C. § 3701

Definitions

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For purposes of this chapter—(1) the term “amateur sports organization” means—(A) a person or governmental entity that sponsors, organizes, schedules, or conducts a competitive game in which one or more amateur athletes participate, or(B) a league or association of persons or governmental entities described in subparagraph (A),(2) the term “governmental entity” means a State, a political subdivision of a State, or an entity or organization, including an entity or organization described in section 4(5) of the Indian Gaming Regulatory Act (25 U.S.C. 2703(5)), that has governmental authority within the territorial boundaries of the United States, including on lands described in section 4(4) of such Act (25 U.S.C. 2703(4)),(3) the term “professional sports organization” means—(A) a person or governmental entity that sponsors, organizes, schedules, or conducts a competitive game in which one or more professional athletes participate, or(B) a league or association of persons or governmental entities described in subparagraph (A),(4) the term “person” has the meaning given such term in section 1 of title 1, and(5) the term “State” means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, Palau, or any territory or possession of the United States.(Added Pub. L. 102–559, § 2(a), Oct. 28, 1992, 106 Stat. 4227.)Editorial NotesConstitutionality

For information regarding the constitutionality of certain provisions of this chapter, see the Table of Laws Held Unconstitutional in Whole or in Part by the Supreme Court on the Constitution Annotated website, constitution.congress.gov.

Statutory Notes and Related SubsidiariesEffective Date

Pub. L. 102–559, § 3, Oct. 28, 1992, 106 Stat. 4229, provided that: “This Act [enacting this chapter and provisions set out as a note under section 1 of this title] shall take effect on January 1, 1993.”

Notes of Decisions
Cited in 13 cases (3 in the last 5 years), 1999–2026 · leading case: Murphy v. Nat'l Collegiate Athletic Assn., 138 S. Ct. 1461 (2018).
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Murphy v. Nat'l Collegiate Athletic Assn., 138 S. Ct. 1461 (2018). · cites it 2× “28 U. S. C. §3701 et seq. PASPA’s proponents argued that it would protect young people, and one of the bill’s sponsors, Senator Bill Bradley of New Jersey, a former college and professional basketball star, stressed that the law was needed to safeguard the integrity of sports.”
Greater New Orleans Broad. Assn., Inc. v. United States, 527 U.S. 173 (1999). · cites it 2× “A separate statute, the 1992 Professional and Amateur Sports Protection Act, 28 U. S. C. § 3701 et seq., proscribes most sports betting and advertising thereof.”
Nat'l Collegiate Athletic Ass'n v. Governor of New Jersey, 832 F.3d 389 (3rd Cir. 2016). · cites it 2× “Concluding that the Professional and Amateur Sports Protection Act (“PASPA”), 28 U.S.C. § 3701 et seq., was a congressional command that States must prohibit wagering on sporting events because it forbids the States from “authoriz[ing] by law” such activity, I dissented from the…”
Nat'l Collegiate Athletic Ass'n v. Governor of New Jersey, 730 F.3d 208 (3rd Cir. 2013). “They contend, alongside the United States as intervening plaintiff, that New Jersey’s proposed law violates a federal law that prohibits most states from licensing sports gambling, the Professional and Amateur Sports Protection Act of 1992 (PASPA), 28 U.S.C. § 3701 et seq. In…”
Lange v. Martin, 2016 Ark. 337 (Ark. 2016). “Lange notes that the ballot title states that casinos will be authorized to “accept wagers on sporting events or other events” and offer “any game, device, or type of wagering permitted at a casino operated within .”
OFC Comm Baseball v. Markell, 579 F.3d 293 (3rd Cir. 2009). “On July 24, the Leagues filed a complaint against Governor Markell and Wayne Lemons, the Director of the Delaware State Lottery Office (collectively, Delaware or State), claiming that elements of Delaware’s proposed sports betting scheme violate the Professional and Amateur…”
Nat'l Collegiate Athletic Ass'n v. Governor of New Jersey, 799 F.3d 259 (3rd Cir. 2015). · cites it 2× “28 U.S.C. § 3701 (2). PASPA includes a remedial provision that permits any sports league whose games are or will be the subject of sports gambling to bring an action to enjoin the gambling.”
Nat'l Collegiate Athletic Ass'n v. Christie, 926 F. Supp. 2d 551 (D.N.J. 2013). “) Defendants’ Cross Motion challenged the constitutionality of the Professional and Amateur Sports Protection Act (“PASPA”), 28 U.S.C. § 3701 , et seq. On November 21, 2012, the New Jersey Thoroughbred Horsemen’s Association, Inc.”
Nat'l Collegiate Athletic Ass'n v. Governor of New Jersey, 520 F. App'x 61 (3rd Cir. 2013). “thletic Association, the National Basketball Association, the National Football League, the National Hockey League, and the Office of the Commissioner of Baseball filed a complaint alleging that New Jersey’s recent legislation concerning the legalization and regulation of…”
Jennifer McGill, Individually & on Behalf of the Arkansas Canvassing Compliance Comm.; & Cherokee Nation Ent., LLC v. John Thurston, in His Off. Capacity as Arkansas Sec'y of State Local Voters in Charge, a Ballot Question Comm.; & Jim Knight, Individually & on Behalf of Local Voters in Charge Intervenors, 2024 Ark. 149 (Ark. 2024). “However, at the time, the Professional and Amateur Sports Protection Act, 28 U.S.C.A. § 3701–04, prohibited Arkansas, and other states, from authorizing sports gambling.”
Jennifer McGill, Individually & on Behalf of the Arkansas Canvassing Compliance Comm.; & Cherokee Nation Ent., LLC v. John Thurston, in His Off. Capacity as Arkansas Sec'y of State Local Voters in Charge, a Ballot Question Comm.; & Jim Knight, Individually & on Behalf of Local Voters in Charge Intervenors, 2024 Ark. 149 (Ark. 2024). “However, at the time, the Professional and Amateur Sports Protection Act, 28 U.S.C.A. § 3701–04, prohibited Arkansas, and other states, from authorizing sports gambling.”
NCAA v. Governor of New Jersey (3rd Cir. 2016). “Concluding that the Professional and Amateur Sports Protection Act (“PASPA”), 28 U.S.C. § 3701 et seq., was a congressional command that States must prohibit wagering on sporting events because it forbids the States from “authoriz[ing] by law” such activity, I dissented from the…”
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