Online Poker and Personal FreedomAllyn Jaffrey Shulman Shows Why Online Gambling Is Constitutionally Protected |
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As all my readers know, I am a passionate advocate for personal freedom. We live in a democracy in which the 14th Amendment to the U.S. Constitution, ratified on July 9, 1868, protects our right to life, liberty, and property. The Constitution is a living, breathing document that is reinterpreted over and over again, but always with an eye toward protecting reasonable personal freedoms in a well-balanced society.
The Declaration of Independence
The language of the 14th Amendment was taken from the Declaration of Independence, where on July 4, 1776, Thomas Jefferson wrote: "We hold these truths to be self-evident, that all men are created equal, that they are endowed, by their Creator, with certain unalienable Rights, that among these are Life, Liberty, and the pursuit of Happiness."
Personal Freedom vs. Societal Protection
As we all understand, sometimes personal freedoms have to be curtailed for the good of society. For example, although the First Amendment guarantees freedom of speech, one may not go into a crowded building and yell "Fire!" if there is no fire. This is because when we weigh one's right to yell something against the harm that would be done by many people thinking there is a fire and then trampling one another, personal freedom must give way to the protection of society and its members. That is a reasonable curtailment of our personal freedom for the greater good.
Why Ban Online Gambling?
What is the greater good of banning online poker? The arguments seem to be: (1) the moralistic approach espoused by the religious right, that gambling is evil; (2) that children need protecting and they might play online; (3) that cheating might occur; and (4) that gambling can become compulsive.
The Moralistic Argument
Because we have bricks-and-mortar casinos, this means that as a society, we have already decided that we will allow people the personal freedom of gambling in certain places where it is licensed and regulated. That dismisses the moralistic argument because even if some people see gambling, drinking, or smoking as evil, as a society we have already decided to tolerate these things.
Underage Gambling
I recently wrote a blog about a fascinating product, Integrity, that professes great success in accurately verifying age and ID online. Testifying before the House Financial Services Committee last week, Michael Colopy said: "More than 50 million consumers have utilized Integrity to verify their identity when transacting with global Fortune 1000 companies, government agencies, and merchants. Institutions relying upon Integrity age and ID verification include more than 350 of the nation's largest financial services companies, governmental agencies and airport security authorities, wineries, distilleries, makers of premium cigars, video game publishers, and the major motion picture studios."
Age and ID verification allow us to buy age restricted products online such as lottery tickets, fine wine, pharmaceuticals, cigars, R-rated movies, and a whole host of other amenities. Because there are laws allowing us to buy these products online, this means our government has already dealt with the issue of online age verification to its satisfaction.
Cheating
It is always a possibility that an unscrupulous person or company will attempt to cheat. Different forms of cheating exist everywhere. In a casino, someone might put a chip down on his cards to signify something to a fellow cheater. In the old days, a dealer would deal from the bottom of the deck. Players might collude online or in a casino. One would be naïve to believe that there is no possibility of cheating. That is why rules, regulations, analysis of hand histories, and a responsible site checking for collusion could properly minimize the risk of cheaters. Then it is up to gamblers to find only the safest sites on which to play.
Compulsive Gambling
While poker is a fabulously fun and enjoyable hobby, there are very few individuals who can actually make a living playing poker. Lots of us have fun at it, but we all know people who are addicted to poker in a way that is harmful to them. They play days on end; they win a million and it is gone shortly; they owe everyone money but still ask for more; they keep losing and chasing after lost money; or scenarios worse yet.
Compulsive gambling is a problem in the United States. My friend Keith Whyte, Executive Director of the National Council on Problem Gambling (NCPG), testified before the House Financial Services Committee last week. "Problem gambling is a serious and even life-threatening mental health disorder characterized by an increasing preoccupation with gambling, a need to bet more money more frequently, restlessness or irritability when attempting to stop, 'chasing' losses, and loss of control manifested by continuation of the gambling behavior in spite of mounting, severe, negative consequences."
Most news reports erroneously said or implied that the NCPG supported Rep. Frank's online gaming bill. However, Keith specifically told the committee that the NCPG does not take a position for or against legalized gambling, but concentrates on the goal of helping those with gambling problems.
One of the positive things Keith said to the committee about online gambling was that "the graphical and interactive structure of the Internet provides a revolutionary opportunity to create informed consumers with access to a variety of information designed to encourage safe choices and discourage unsafe behavior."
Keith concluded: "Clearly gambling on the Internet raises some difficult issues, but it provides theoretical opportunities for operators to deliver responsible gaming programs that meet or exceed current standards in the 'bricks & mortar' gaming industry.
Personal Freedom must be Protected
Every rationale for banning online gambling seems to give way to logic and reasoned analysis. As a society, we already tolerate drinking, smoking, and gambling, so the argument that it is evil has already been soundly rejected in favor of personal choice. Just because something done excessively may be harmful, is not a reason to ban it.
Next, robust software already exists that will not allow kids to access adult-only sites. That's how we buy tobacco, alcohol, and other age-restricted products. The age issue has already been solved.
As for the possibility of being cheated, it is a risk that a poker player can choose to take or not and it is an issue that a competent site can minimize.
Finally, compulsive gambling is a problem that every online site should responsibly address, which does not mean banning online gambling. We do not ban casinos just because there are compulsive gamblers, just as we do not ban alcohol just because there are alcoholics.
There are no persuasive societal grounds to ban online gambling. Personal freedom must be protected where there is no compelling societal reason to sacrifice it. Our Constitution demands nothing less.
(If you or someone you know has a gambling problem, visit www.ncpgambling.org or call 800.522.4700)
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