In a 40-page opinion, the Court held:
The issue presented is whether the ban on limited video lottery advertising imposed by the Limited Video Lottery Act violates the plaintiff’s First Amendment right to freedom of speech. As a doctrinal matter, the advertising ban does not directly and materially advance a substantial government interest, and is therefore an impermissible restriction on commercial speech under the First Amendment. The advertising ban infringes upon the limited video lottery retailers’ right to speak and impedes the public’s ability to engage in informed political discourse.
I predicted back in November 2003 that we would be seeing litigation on this one, though I was off by about 3 years in the time frame.
This article in the Gazette notes that the suit was filed by the ACLU on behalf of the WV Association of Club Owners.