He didn't ask for "guesses." He asked for folks to make unlawful wagers.
-
Get involved.
We want your input!
Apply for Membership and join the conversations about everything related to broadcasting.
After we receive your registration, a moderator will review it. After your registration is approved, you will be permitted to post.
If you use a disposable or false email address, your registration will be rejected.
After your membership is approved, please take a minute to tell us a little bit about yourself.
https://www.radiodiscussions.com/forums/introduce-yourself.1088/
Thanks in advance and have fun!
RadioDiscussions Administrators
97.1 FM country legends
- Thread starter Radio guy
- Start date
D
Deleted member 108832
Guest
If not, then there would be several stations found non-compliant of the law. Most of the rock formatted stations here run ads for vape shops, smoke shops, CBD, Kratom, and the like.
D
Deleted member 108832
Guest
Which is how this whole sidebar discussion began. It's illegal to bet in Texas, so wouldn't a sports betting format (promoting the illegal practice within this State) run afoul of the State law?
Which state law is that? There is no law I know of that prohibits talking about sports betting. It's been done on radio & TV for years. CBS once hired Jimmy The Greek to discuss the odds for certain matchups. I think someone mentioned that earlier in this thread.
D
Deleted member 108832
Guest
It's illegal to wager any bet in Texas. Never did I say its illegal to talk about betting, but since we're having the discussion, it is also illegal to cook up and distribute crack cocaine here in Texas. If I were to run a program dedicated to giving out detailed instructions on how to cook it, or where to go to buy it already rocked up and ready to go, I'd have law enforcement looking for me in a hurry.
What's the difference? Both subjects are against the law here, but one is alright to talk about over the airwaves and the other is not. Why?
Since we’re heavily into a gambling discussion, I thought I’d bring up something involving radio and TV advertising I’ve wondered about.
Mattress Mack and Gallery Furniture was brought up earlier. For a number of years during baseball season Mattress Mack has run a promotion with the following pitch: “Buy $3,000 worth of furniture, and if the Astros ‘win it all’ the furniture is free, free, free!!!”
Gallery Furniture is an official sponsor of the Astros, so the use of the team in the promotion is legit. Note that Mack never says “win the World Series” as he has no deal with MLB.
Now, seeing that you have to first buy a certain price level of furniture, and the promotion is based on a sporting competition outcome, could it be considered a type of lottery, with “free furniture” (actually a reimbursement) as a prize? Could that be considered gambling income, subject to taxes?
This reminds me of an incident with an advertiser for a station I was working at 40+ years ago. An RV dealer had a promotion in which a customer would first buy an RV, then would literally “spin the wheel” for a variety of additional savings. Well, the lawyers quickly shut that down, as it was considered an illegal lottery as you first had to buy the RV. The promotion was changed to where you spun the wheel first, then a deal was made. Cheesy, but a true story.
So how should the Gallery Furniture promotion be considered in terms of gambling?
Mattress Mack and Gallery Furniture was brought up earlier. For a number of years during baseball season Mattress Mack has run a promotion with the following pitch: “Buy $3,000 worth of furniture, and if the Astros ‘win it all’ the furniture is free, free, free!!!”
Gallery Furniture is an official sponsor of the Astros, so the use of the team in the promotion is legit. Note that Mack never says “win the World Series” as he has no deal with MLB.
Now, seeing that you have to first buy a certain price level of furniture, and the promotion is based on a sporting competition outcome, could it be considered a type of lottery, with “free furniture” (actually a reimbursement) as a prize? Could that be considered gambling income, subject to taxes?
This reminds me of an incident with an advertiser for a station I was working at 40+ years ago. An RV dealer had a promotion in which a customer would first buy an RV, then would literally “spin the wheel” for a variety of additional savings. Well, the lawyers quickly shut that down, as it was considered an illegal lottery as you first had to buy the RV. The promotion was changed to where you spun the wheel first, then a deal was made. Cheesy, but a true story.
So how should the Gallery Furniture promotion be considered in terms of gambling?
Because of the K-Love signal already on translators in the BPT area and Univision had the KLOVE trademark already which EMF just paid for
Because the way in which they're talking about it is not the way you describe. They aren't promoting an illegal practice, or giving detailed instructions on how to bet. They're doing the same thing millions of people do when filling out their football picks every Friday afternoon.
Once again, if anyone here thinks these stations are breaking any laws, they're welcome to either call the police or report the station to the FCC. Otherwise, it's all OK.
To repeat: there is no state law against talking about sports betting.
However the programming is NOT promoting gambling “within the state”, but where it is legal. If you wanted to completely forbid Texans from gambling anywhere, you would have to (somehow) bust them when they reentered Texas, or when they made an online bet…which of course would be totally unenforceable.
Now I'm wondering. Is it illegal to broadcast Breaking Bad on cable in states where meth is illegal???
Because cocaine is legal nowhere, while sports betting is legal in more than half the states? The programming may encourage listeners to send dollars out of state, but not to spend on anything illegal in those other states, locally or federally. Your programming would tell listeners where to buy and how to prepare drugs that are illegal on every level in every state. Big difference.
Ran your claim through FastCase, a service offered to Texas attorneys. Sports betting is illegal. See attached case law. Thus, just talking about it could be considered a conspiracy if just one person involved in the discussion actually follows through with placing an illegal bet. Everyone involved in the discussion is criminally liable. Under Texas Penal Code § 15.02, an alleged offender commits criminal conspiracy if, with the intent that a felony is committed, he or she agrees with one or more persons that they or one or more of them engage in conduct that would constitute the offense, and he or she or one or more of them performs an overt act in pursuance of the agreement. An agreement constituting a conspiracy may be inferred from acts of the parties.
Last edited:
When the local sheriff hears sports betting talk on the radio in Texas:
I understand that. No one involved in the discussion is in Texas. These are national shows based outside the state. No bets are being made, and the radio shows don't facilitate betting. There are numerous legal disclaimers throughout the programming. The case you linked was actual betting, which is illegal. No actual betting takes place. All they do is talk about which teams are favored to win. As I said, this kind of material is broadcast all the time on ESPN and other sports channels. If you ever watch College Game Day, most of the show is spent discussing which teams are favored to win. College Game Day has originated in Texas, and no one was arrested or charges with any conspiracy. Perhaps people should listen to the programming before jumping to conclusions.
AM Stereo on 1070 sounded great during the station’s Classic Rock incarnation 1984-87. The format was much like Progressive Rock FM from 15 years earlier. The launch of KZFX 107.5 in September 1986 killed the format on AM.
Z-Rock was on 1070 1988-91, IIRC. Later incarnation on 106.9 1992-95. Both had the KKZR call.
What evidence do you have to support the lack of ratings is the result of "not of any interest" as opposed to "unacceptable?"
- Status