Fantasy Sports Leagues Challenged as Illegal Gambling, pp. 232-234

Anita M. Moorman

The fantasy sports industry continues to present interesting legal issues for sport managers. Last year, this column featured a discussion of C.B.C. Distribution and Marketing, Inc. v. Major League Baseball Advanced Media, L.P. (2006, 2007) which held that an operator of a fantasy sports league was not infringing on the players’ state law publicity rights and that the 1st Amendment to the United States Constitution preempted the players’ state law publicity rights (Grady, 2007). The case that is the subject of this column identifies yet another issue surrounding fantasy sports. In Humphrey v. Viacom (2007) the plaintiff, Humphrey, alleged that online fantasy sports leagues were engaged in an illegal gambling enterprise prohibited by state wagering and gambling laws.