Gus owns a casino in Albuquerque, New Mexico called Breaking Lucky. In addition to games of chance, Gus operates restaurants and concert venues in the casino. Concerned with the rise of gambling addicts in the state, the state of New Mexico passes a ban that prevents any casino from advertising on roadside billboards or the internet.

Gus is excited to have contracted with the band Wilco to perform at the casino and he advertises widely, including on billboards and social media. The billboards read

"Things are Breaking Lucky For You - come see Wilco at the Breaking Lucky Theatre. Great music and good fortune awaits you!"

New Mexico then issues Gus a steep fine for violating the Casino Advertising Ban.

Gus challenges the law on 1st Amendment grounds. Will he succeed?

(a) Then please analyze the question by using IRAC, presenting the arguments both sides can make and stating how you think the case should be resolved. (11 points)