United States v. New Jersey Lottery Comm’n, 420 U.S. 371 (1975)

CERTIORARI TO THE UNITED STATES COURT OF APPEALS

FOR THE THIRD CIRCUIT

Syllabus

A licensed New Jersey radio station sought, but was denied, declaratory relief from the Federal Communications Commission (FCC) against the application of 18 U.S.C. § 1304 to the broadcast of winning numbers in a lawful state-run lottery such as New Jersey has. Subsequent to the Court of Appeals’ reversal of the FCC’s denial of relief, Congress enacted 18 U.S.C. § 1307(a)(2) making § 1304 inapplicable to information concerning a state-authorized lottery broadcast in that State or an adjacent State having such a lottery.

Held: In view of the enactment of § 1307, the case is remanded to the Court of Appeals so that it may consider whether the case is moot as the Government contends, or is not moot because, as intervenor State of New Hampshire contends, § 1307, in violation of First Amendment rights, would still not allow broadcasters in Vermont, which has no lottery, to broadcast winning numbers in the New Hampshire lottery.

491 F.2d 219, vacated and remanded.