Berman Prevails On Commercial Free Speech Issue

The Attorney General of Maryland issued a formal opinion agreeing with commercial free speech arguments presented by Berman and RLLS in a matter pending before the Maryland Lottery Commission.  “Referenda – First Amendment – Gaming – Slot Machines – Whether State Lottery Commission May Limit Licensee’s Participation in Referendum Related to Another Potential Licensee,”  95 Op.A.G. 177 (Oct. 5, 2010).

The Attorney General opined that a general power to license and regulate a business does not include authority to regulate political speech through licensing actions.  He wrote: “It has long been established that a corporation has a First Amendment right to fund a campaign supporting or opposing a referendum.”