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The approved text includes a series of restrictions on advertising for online betting and gambling:
Advertising prohibited: Direct or indirect marketing communication regarding betting on radio and television, newspapers, magazines, outdoor media, streaming services, podcasts, social networks, video platforms, apps, websites, blogs, forums, search engines and other internet environments is prohibited.
Messaging and targeted advertising: The restriction also extends to instant messaging, SMS, email, notifications, advertising automatically targeted by algorithms, telemarketing – which shows ads again to people who have already been exposed to certain content – and profiling based on user behaviour.
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Commercial sports betting generated just under $17 billion in nationwide revenue in 2025, which is why Davenport asserts that the “stakes of this case are exceptionally high”. Kalshi and Polymarket alone posted more than $45 billion in trading volume, which is similar but not identical to betting revenue, in August. That was a 15% decline from July, although that drop is attributed to the conclusion of the Fifa World Cup tournament that month per Yahoo! Finance.
The American Gaming Association estimates that the exchanges have siphoned more than $1.3 billion in would-be tax revenue from states. One of the AGA’s primary spokespeople pin its fight against prediction markets is former New Jersey governor Chris Christie, who championed the PASPA case to the Supreme Court.
As with PASPA, this matter revolves heavily around federalism versus states’ rights. Traditional sports betting is governed by individual state regulators with varying laws and regulations. Federal derivatives are regulated by the CFTC, which has fully embraced prediction markets under US President Donald Trump after rejecting them in previous administrations.
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