US FEDERAL REGULATION
SPORTS BOOK ADVERTISING: PAST, PRESENT & FUTURE REGULATORY ENVIRONMENT KATE POKORSKI AND HEIDI MCNEIL STAUDENMAIER REPORT ON THE GENESIS OF THE BETTING ON OUR FUTURE ACT AND THE CHALLENGES IT WILL LIKELY FACE
Introduction Without question, Americans have whole heartedly embraced legalized sports betting. Since the Supreme Court struck down the Professional and Amateur Sports Protection Act in 2018, allowing states to legalize and regulate sports betting, 33 states and the District of Columbia have enacted some form of live, legal sports betting. 1 According to the Pew Research Center, between September 2021 and September 2022, around one-in-five adults in the United States bet money on some form of sporting event. 2 As of March 14, 2023, the total handle in the United States is over $200 billion, with over $15 billion reported revenue. 3 As more states legalize sports betting and
go-live, these numbers are positioned to grow.
The social costs, however, associated with legalized sports betting are readily apparent. The National Council on Problem Gambling (“NCPG”) reports that between 2018 and 2021 (the most recent year for which data is available), the risk of gambling addiction has grown an estimated 30 percent. 4 The NCPG also saw a roughly 45 percent increase in calls to its helpline between 2021 and 2022. Indeed, the numbers are no better, if not worse, at the state level. For example, Connecticut had a 91 percent increase in helpline calls in the first year of legalization, while in Illinois calls rose 425 percent between 2020 and 2022. 5 While this surge may be due in part to the
1 Murphy v. Nat’l Collegiate Athletic Ass’n, 138 S. Ct. 1461, 1481 (2018); see Interactive U.S. Map: Sports Betting, AMERICAN GAMING ASSOCI- ATION (last visited Apr. 6, 2023), https://www.americangaming.org/research/state-gaming-map/. Four states have legalized sports betting, but have not yet launched. 2 John Gramlich, As more states legalize the practice, 19% of U.S. adults say they have bet money on sports in the past year, PEW RESEARCH CENTER (Sept. 14, 2022), https://www.pewresearch.org/fact-tank/2022/09/14/as-more-states-legalize-the-practice-19-of-u-s-adults-say-they- have-bet-money-on-sports-in-the-past-year/. 3 Matthew Waters, US Sports Betting Revenue & Handle, LEGAL SPORTS REPORT (last visited Apr. 6, 2023), https://www.legalsportsreport. com/sports-betting/revenue/. This results in a total of $2,619,538,814 being recognized in tax/jurisdiction revenue. 4 Cait Huble, NCPG Statement on the Betting on Our Future Act, NATIONAL COUNCIL ON PROBLEM GAMBLING (Feb. 10, 2023), https:// www.ncpgambling.org/ncpg-statement-on-the-betting-on-our-future-act/. 5 Meghan Gunn, These Are the Real Dangers of the Sports Betting Boom for Young Men, NEWSWEEK (Mar. 22, 2023), https://www.newsweek.
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IMGL MAGAZINE | APRIL 2023
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