Gaming Advertising and the Struggle for Its First Amendment Rights

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Gaming Advertising and the Struggle for Its First Amendment Rights UNLV Retrospective Theses & Dissertations 1-1-1995 Gaming advertising and the struggle for its First Amendment rights Cameron Lee Andrews University of Nevada, Las Vegas Follow this and additional works at: https://digitalscholarship.unlv.edu/rtds Repository Citation Andrews, Cameron Lee, "Gaming advertising and the struggle for its First Amendment rights" (1995). UNLV Retrospective Theses & Dissertations. 569. http://dx.doi.org/10.25669/j6k2-tppk This Thesis is protected by copyright and/or related rights. It has been brought to you by Digital Scholarship@UNLV with permission from the rights-holder(s). You are free to use this Thesis in any way that is permitted by the copyright and related rights legislation that applies to your use. For other uses you need to obtain permission from the rights-holder(s) directly, unless additional rights are indicated by a Creative Commons license in the record and/ or on the work itself. This Thesis has been accepted for inclusion in UNLV Retrospective Theses & Dissertations by an authorized administrator of Digital Scholarship@UNLV. For more information, please contact [email protected]. INFORMATION TO USERS This manuscript has been reproduced from the microfilm master. UMI films the text directly from the original or copy submitted. Thus, some thesis and dissertation copies are in typewriter face, while others may be from any type of computer printer. The quality of this reproduction is dependent upon the quality of the copy submitted. Broken or indistinct print, colored or poor quality illustrations and photographs, print bleedthrough, substandard margins, and improper alignment can adversely affect reproduction. In the unlikely event that the author did not send UMI a complete manuscript and there are missing pages, these will be noted. Also, if unauthorized copyright material had to be removed, a note will indicate the deletion. Oversize materials (e.g., maps, drawings, charts) are reproduced by sectioning the original, beginning at the upper left-hand comer and continuing from left to right in equal sections with small overlaps. Each original is also photographed in one exposure and is included in reduced form at the back of the book. Photographs included in the original manuscript have been reproduced xerographically in this copy. Higher quality 6” x 9” black and white photographic prints are available for any photographs or illustrations appearing in this copy for an additional charge. Contact UMI directly to order. UMI A Bell & Howell Information Company 300 North Zeeb Road, Ann Arbor MI 48106-1346 USA 313/761-4700 800/521-0600 Gaming Advertising and The Struggle for Its First Amendment Rights by Cameron L. Andrews A thesis submitted in partial fulfillment of the requirements for the degree of Master of Arts in Communication Studies Greenspun School of Communication University of Nevada, Las Vegas May 1996 UMI Number: 1380493 Copyright 1996 by Andrews, Cameron Lee All rights reserved. UMI Microform 1380493 Copyright 1996, by UMI Company. AH rights reserved. This microform edition is protected against unauthorized copying under Title 17, United States Code. UMI 300 North Zeeb Road Ann Arbor, MI 48103 © 1996 Cameron L. Andrews All Rights Reserved The Thesis of Cameron L. Andrews for the degree of Master of Arts in Communication is approved. Chairperson, Richard J/jenSen, Ph.D. Examining Committee^dember, Gage Chapel, Ph.D. Examining Committ^Memoer, Anthony J. Ferri, Ph.D T 7 “ Graduate Faculty Representative, Larry D. Strate, J.D. vs Dean of the Graduate College, Ronald W. Smith, Ph.D. University of Nevada, Las Vegas May 1996 ABSTRACT From a historical perspective this research project will identify and explore the current legislation and regulations that apply to gaming advertising. The research begins with the first laws enacted to govern the Louisiana lottery in the late 1890s and their application and development over the following 105 years. The project focuses on the additional Federal and State restrictions implemented in order to govern this growing industry in the United States. The study will utilize the Las Vegas market due to its relation to the national gaming scene. There are currently four segments within the gaming industry: 1. Nevada; 2. New Jersey; 3. Riverboat; and 4. Native American. Each segment is governed by different advertising restrictions creating an unfair marketing advantage. This biased competitive edge further supports the call for national reform. The project is presented in time periods. Advertising case studies per era are explored to gauge the effectiveness of the applicable legislation. ACKNOWLEDGMENTS I would like to thank Dr. Jensen, my chairperson, for his guidance and direction throughout this project. His foresight was instrumental in steering this project through the woods, into the clearing and down the path of attainment. Dr. Chapel and Dr. Ferri were extremely helpful in providing the required feedback to enhance the development of the study; their expertise was invaluable. Dr. Strate's contribution to the success of this project is immeasurable. His background and expertise provided the right checks and balances to the overall development of the thesis. I wish to recognize Crown Publishers Inc., for their permission to use copyrighted material as it relates to the history of the Louisiana lottery statutes. I would be remiss not to recognize the marketing department at Harrah's. Thanks to everyone for their fortitude and understanding. A special acknowledgment goes out to my family. To my Mom and Jim who always had words of encouragement, to my late father (who roused me to go out and experience the things in life he never had the chance to) and to my brothers Bill and Scott and their families. I wish to thank Chris Pasley for her unwavering support throughout the last twenty years; your wit and observations are priceless. To Kelly Mason for always being there. Particular recognition is warranted to an academic colleague, Erik Olds, who acted as a sounding board for ideas and issues. I'll be proud to walk with you in May 1996.1 wish you and your family the very best. A very deep appreciation is extended to my "editor" and very close and personal friend, Timothy Chanaud. Without whose understanding, patience and encouragement I could have not completed this project. Thank you for your enduring support and friendship. TABLE OF CONTENTS ABSTRACT.............................................................................................................. iii ACKNOWLEDGMENTS...................................................................................... iv CHAPTER ONE INTRODUCTION................................................................. 1 Purpose....................................................................................................... 2 Overview.................................................................................................... 3 Lottery Definition......................................................................... 5 Prize.................................................................................... 5 Chance................................................................................ 5 Consideration..................................................................... 6 Review of Literature.................................................................................. 7 Historical Material......................................................................... 7 Advertising/ Marketing Loss-Leader Material ........................ 9 Legislative Material....................................................................... 11 Las Vegas Market Material ..............................................................17 Outline of Study......................................................................................... 22 Summary...................................................................................................... 24 CHAPTER TWO RENAISSANCE...................................................................... 26 Gaming's Foundation...................................................................................26 History of Legislation............................................................................... 30 Benjamin "Bugsy" Siegel.......................................................................... 37 Advertising Case Study........................................................................... 40 CHAPTER THREE INDUSTRIAL........................................................................ 43 Organized Crime - The Mob Influence .................................................. 43 That's Entertainment.................................................................................. 46 Howard R. H ughes................................................................................... 50 Advertising Case Study........................................................................... 54 CHAPTER FOUR NEW A G E.............................................................................. 58 Native American Gaming......................................................................... 58 Riverboat Gaming ..................................................................................... 61 Gaming Opposition................................................................................... 62 Steve W ynn................................................................................................ 68 Advertising Case Study..........................................................................
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