Cite as: 527 U. S. 173 (1999)
Syllabus
lines bear any meaningful relationship to the Government's asserted interest. Pp. 188-194.
(d) Considering the manner in which § 1304 and its exceptions operate and the scope of the speech proscribed, the Government's second asserted interest—"assisting" States with policies that disfavor private casinos—provides no more convincing basis for upholding the regulation than the first. Even assuming that the state policies on which the Federal Government seeks to embellish are more coherent and pressing than their federal counterpart, § 1304 sacrifices an intolerable amount of truthful speech about lawful conduct when compared to the diverse policies at stake and the social ills that one could reasonably hope such a ban to eliminate. Pp. 194-195.
149 F. 3d 334, reversed.
Stevens, J., delivered the opinion of the Court, in which Rehnquist, C. J., and O'Connor, Scalia, Kennedy, Souter, Ginsburg, and Breyer, JJ., joined. Rehnquist, C. J., filed a concurring opinion, post, p. 196. Thomas, J., filed an opinion concurring in the judgment, post, p. 197.
Bruce J. Ennis, Jr., argued the cause for petitioners. With him on the briefs were Ashton R. Hardy, Nory Miller, and Donald B. Verrilli, Jr.
Deputy Solicitor General Underwood argued the cause for respondents. With her on the brief were Solicitor General Waxman, Acting Assistant Attorney General Ogden, Deputy Solicitor General Wallace, Matthew D. Roberts, Anthony J. Steinmeyer, and Christopher J. Wright.*
*Briefs of amici curiae urging reversal were filed for the American Advertising Federation by Richard E. Wiley and Daniel E. Troy; for the American Gaming Association by John G. Roberts, Jr., David G. Leitch, and Frank J. Fahrenkopf, Jr.; for the Association of National Advertisers, Inc., by John J. Walsh, Steven G. Brody, and Gilbert H. Weil; for the Institute for Justice by William H. Mellor, Clint Bolick, and Scott G. Bullock; for the National Association of Broadcasters et al. by P. Cameron DeVore, Gregory J. Kopta, and Jack N. Goodman; and for the Washington Legal Foundation by David H. Remes, Patricia A. Barald, Daniel J. Popeo, and Richard A. Samp.
Gerald S. Rourke filed a brief for Valley Broadcasting Co. et al. as amici curiae.
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