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Issue Date: Vol. 51, No. 12, December 2011, Posted On: 11/4/2011

NC Appeals Court Hears 2 Sweeps Cases

Marcus Webb
United States Supreme Court, First Amendment Protection, 2010 North Carolina electronic sweepstakes game ban,  three-judge Court of Appeals, October 26, North Caronlina vs Texas, Hest Technologies, International Internet Technologies, Sandhill Amusements, delayed ruling, held up by judgement, State Supreme Court Appeal

RALEIGH, NC -- The U.S. Supreme Court's July ruling extending First Amendment protection to videogames means that North Carolina's ban of electronic sweepstakes games is unconstitutional, attorneys argued before a three-judge Court of Appeals in the state on Oct. 26.

The Tarheel State banned sweeps videogames in 2010. But days before the ban took effect last December, one Superior Court judge struck down various portions of the law while another upheld it a week later. The result of the conflicting rulings: a murky legal environment that has persisted for at least a year. | SEE STORY

The two cases pit North Carolina against Texas-based game manufacturer Hest Technologies, software maker International Internet Technologies and operator Sandhill Amusements.

A ruling may not be forthcoming for several months. Regardless of whether the industry or the state wins, either side may appeal the appeals court verdict to the state Supreme Court.

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