A federal online gambling ban would overturn laws in three states that allow online gambling. It would also end the ongoing debate over legalizing online gambling in many other states. Yet some have claimed that Congress must pass this law in order to protect states rights! Their argument is that citizens of states that ban Internet gambling may easily get around those laws by accessing online casinos operating in states where online gambling is legalized.
Even if the argument had merit that allowing states to legalize online gambling undermines laws in other states, it would not justify federal legislation on the issue. Nowhere in the Constitution is the federal government given any authority to regulate activities such as online gambling. Arguing that “states rights” justifies creating new federal crimes turns the Tenth Amendment, which was intended to limit federal power, on its head.
Many supporters of an Internet gambling ban sincerely believe that gambling is an immoral and destructive activity that should be outlawed. However, the proposed legislation is not at all about the morality of gambling. It is about whether Americans who do gamble should have the choice to do so online, or be forced to visit brick-and-mortar casinos.
Even if there was some moral distinction between gambling online or in a physical casino, prohibiting behavior that does not involve force or fraud has no place in a free society. It is no more appropriate for gambling opponents to use force to stop people from playing poker online than it would be for me to use force to stop people from reading pro-war, neocon writers.
Giving government new powers over the Internet to prevent online gambling will inevitably threaten all of our liberties. Federal bureaucrats will use this new authority to expand their surveillance of the Internet activities of Americans who have no interest in gambling, just as they used the new powers granted by the PATRIOT Act to justify mass surveillance.
The proposed ban on Internet gambling is a blatantly unconstitutional infringement on our liberties that will likely expand the surveillance state. Worst of all, it is all being done for the benefit of one powerful billionaire. Anyone who thinks banning online gambling will not diminish our freedoms while enriching criminals is making a losing bet.
Ron Paul, MD, is a former three-time Republican candidate for U. S. President and Congressman from Texas.