Betting on Addiction Money: Can Sports Betting Advertising be Restricted in an Age of Heightened Commercial Speech Regulation?
Sports Business Initiative Scholarly Research Series

Mark Conrad, J.D., Associate Professor, Law and Ethics and Director of the Gabelli School of Business Sports Business Initiative

Join the Gabelli School of Business Sports Business Initiative and the Sport and Recreation Law Association for this upcoming event

Prof. Conrad will discuss how the legalization of sports betting in over 30 states has resulted in billions of dollars in bets and an explosion of advertising and promotion by various betting companies. Reports of increasing numbers of problem gamblers should prompt regulators to consider restrictions on the scope or types of advertising for such betting schemes. Presently, regulatory efforts have been limited, based on various state rules and regulations and the lack of a harmonizing Federal law. This presentation will argue that significantly more regulation is needed to protect vulnerable groups and individuals from becoming problem gamblers, there is a large roadblock to broadly crafted regulation — the increasing First Amendment protection for commercial speech. The presentation will discuss the evolution of the constitutional protection of advertising – especially involving “sin” industries – and will conclude with some proposals for greater restrictions that could comport with constitutional free speech protections.

This event is open to all members of the Fordham Community and to the public.

ABOUT THE SPEAKER

Mark Conrad is Associate Professor of Law and Ethics at Fordham University’s Gabelli School of Business, where he directs the Sports Business Initiative, which seeks to explore cutting-edge issues in sports and invites guest speakers to discuss, debate and analyze current issues in sports. Professor Conrad teaches classes in sports law, diversity, equity and inclusion in sports, contracts and business organizations, media law and arts law.

Professor Conrad has appeared on panels and symposia at leading institutions outside of Fordham, including Harvard Law School, and the law schools at Duke University, the University of Virginia, NYU and Arizona State.

Professor Conrad’s books and articles have appeared in academic, legal and general circulation publications. His book “The Business of Sports — Off the Field, In the Office, On the News,” (Routledge/Taylor and Francis, 2017) has been cited in leading journals as one of the most comprehensive texts on the subject. He has also published in numerous academic and non-academic journals on various sports law topics, including governance issues, intellectual property, collegiate and international issues. He has researched the issue of the extent of the constitutional protection of advertising for “sin” products in the past and is working on proposals to regulate betting advertising in the wake of the legalization of sports gambling.

Professor Conrad has been quoted in periodicals such as the New York Times, Wall Street Journal, Washington Post, Boston Globe, and Chicago Tribune and has appeared on CNN, i24News and Bloomberg TV. He is a member of the Editorial Board of Law in Sport.

Professor Conrad received his B.A. from City College of New York and his J.D. from New York Law School. After receiving his law degree, he earned an M.S. from Columbia University’s Graduate School of Journalism. He is a member of the New York and District of Columbia bars (retired). He served as president of the Sport and Recreation Law Association from 2014-15 and president of the Alliance for Sport Business from 2016-18.

A lifelong resident of New York City. Prof. Conrad points to running the New York City Marathon as one of his memorable achievements. He may be followed on Twitter on @Sportslaw1.