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points by jsw97 5 days ago | 0 comments
I'm not sure specifically about the moral crusade against Kalshi and Polymarket, but I am glad to see that at least one state is serious about its sovereignty and is willing to go to the mat with criminal charges. Utah 100% has a right to enforce this and I hope they are successful. And taking on the feds too, that is a gutsy move.

We need at least one state to do this when large corporations violate privacy laws.

[–] ALLTaken 4 days ago
Polymarket and Kalshi also fuel very immoral and criminal behaviour's and make the very worst in people come to surface. It's amplifying only the worst in humanity!

I have heard and seen: Bet's on the live & fate of a celebrity, person, company, country, weather etc.. It's getting absurdly criminal. You've seen the guy in France burning a weather-sensor, just so he wins a bet. The soldier's knowing their mission and "secretly" betting on the death of their enemies. This is getting beyond dark and unethical. It's maximally anti-social and destructive for humanity.

If Polymarket/Kalshi and co. continue roaming free, we'll eventually see parts of humanity circling a death spiral like ants do.

[–] JumpCrisscross 4 days ago
> not sure specifically about the moral crusade against Kalshi and Polymarket

We're feeling the effects of broad-spectrum gambling addiction. It's hitting our kids. It's hitting our young men. It's hitting our elderly. Restrictions on social media, regulation around gambling and folks trying to drink less are all, it seems, part of a common theme.

[–] jsw97 4 days ago
Yeah I agree with the profound harms; it's just that they need to be weighed against the benefits that come from these markets. The ability to predict, hedge, etc. Of course sports contracts are a pure social loss. But when regulators get in the business of deciding what is a worthwhile contract, there is a risk of throwing the baby out with the bathwater. So "I'm not sure" doesn't mean I'm against, it means I am kind of torn between these two things.
[–] hoytschermerhrn 4 days ago
What “benefits” exactly arise from prediction markets.
[–] zhoBEENG 4 days ago
If a non-gambler has investments in gambling companies (say, VTI which contains multiple comparables to Polymarket/Kalshi), then they profit. I literally make money off those who cant help themselves, every day.
[–] consumer451 4 days ago
You have identified the societal problem.
[–] account42 4 days ago
Investments are are a form of gambling.
[–] MrDrMcCoy 3 days ago
And that's where the similarities stop.
[–] leereeves 4 days ago
> The ability to predict

Is there any evidence these markets actually provide useful predictions?

[–] morelandjs 4 days ago
They do. At massive cost. Nate Silver’s election model was in close agreement with prediction markets this year. And the vast majority of Kalshi is not “prediction markets for elections”. They serve ads targeted at idiots. Like “make money betting on the weather”. I know because I’m one of the idiots they target. They are a deeply slimy company.
[–] qlte 4 days ago
That sounds more like prediction markets tending to blindly follow more credible sources of information. Wisdom of the crowds doesn't really provide added value if it's based on a bunch of uninformed gamblers refreshing the same four websites.

Kalshi had Abbot solidly in the lead (polls were closer to final accuracy) until the minute enough votes came in for news orgs' forecasting models to tip the race to Lean D, and then plummeted to 0%.

On balance it seems like they provide little to no uniquely valuable information for anything that matters.

https://kalshi.com/markets/govpartytx/texas-governor/govpart...

[–] mahogany 3 days ago
Exactly, how is anyone saying that prediction markets have some special predictive power after what just happened with the midterm election? They whiffed on several big races. Your example is a good one but MS is even more egregious: https://kalshi.com/markets/senatems/mississippi-senate-race/.... Another example is SC senate which was 70% Republican the day of, and was a decisive victory for the Democrat.

Note that for the Texas governor, Kalshi had Abbott at 60+% on election day and he lost by a _million_ votes.

[–] jsw97 3 days ago
What in your view would be a fair test of predictive power?

There will always be cases where everyone is surprised. If you have a useful predictor that means it incrementally helps improve your expectation. It doesn't eliminate surprises.

There are plenty of legit critiques of the prediction power of these markets, but they typically don't involve pointing at single observations. The overwhelming scholarly consensus is prediction markets are highly accurate relative to other forecasting methods, but have also significant biases. Such as long-shot bias, etc.

But those biases are small enough that they are only resolvable by looking at lots of independent at-bats. Real-world consensus was not that Abbott would get smoked to that extent, and so of course that consensus was exactly reflected in prices. If you read a lot of pre-election commentary (I was reading primarily Democrats) you would realize that people knew something was going to happen, but they really had no idea about the extent.

Furthermore, we don't learn a lot (anything really) about efficiency by looking at a large number of events that are highly correlated. And of course the whole blue wave was correlated events, so yes you will find a lot of "bad" prices, in terms of raw numbers. But taken together they are really one observation.

See this huge study on political bias: http://www.nber.org/papers/w35846.pdf (Spoiler alert, if there is one it's incredibly small.)

[–] account42 4 days ago
Not surprising when the only realistic path to wealth is some form of gambling.
[–] 4gotunameagain 4 days ago
Guys forget gambling. The implications of people in power being able to profit by their every decision are massive.

We shouldn't be able to bet on bombings and wars, even without considering insider trading

[–] mplewis 4 days ago
The moral crusade? These companies run illegal, deceptive ads intended to get people addicted to gambling. https://www.wsj.com/business/media/polymarket-social-media-b...
[–] pixl97 4 days ago
I mean, yes that is a moral crusade. That doesn't mean moral crusades are bad.
[–] Computer0 4 days ago
They said they are not sure about it
[–] cgriswald 4 days ago
I prefer when people who don’t have the full picture are unsure about things.
[–] BoorishBears 4 days ago
I have the boldness to say letting these companies mainline gambling into every vein of culture, including those heavily sampled by children is a terrible idea and they should be routed.

I don't think it takes much boldness, so my condolences to anyone who needs to hem and haw over that decision.

It does raise the question, is waiting for the full picture when the full picture is ruining more lives for not much gain at all to anyone really a good idea?

[–] cgriswald 4 days ago
Your characterization here is adding context that wasn’t actually present in what was said, just like the two posters before you. Your morality is leaking into your objectiveness. That’s bad because morality without truth can lead to bad results even within the same systems of morality. The OP reached the same ultimate conclusion through different means. Why is your boldness necessary?

As to your general point, I agree. We must be bold and say the right words online lest a stranger think we are terrible people because we choose our words to mean things instead of to signal our morality.

[–] BoorishBears 4 days ago
Is my comment adding characterization you were unfamiliar with?

If you've somehow missed how these companies act then I'd say you're missing the table stakes to even discuss them: saying they're "everywhere" would not be an overstatement.

Also I don't get why you're clinging to morality as a loincloth: is there a logical reason to allow any of this? Even if you're a lover of all that is vice, we had gambling!

We don't need Kalshi to allow it: they represent a form of gambling that is less regulated, more susceptible to manipulation, more likely to cause unique adverse effects in the real world as people become incentivized manipulate arbitrary events it tracks.

-

You're confusing amorality with objectivity. If you're our resident expert on what words mean, the broadly tolerated concept of moral objectivity shouldn't be foreign.

And it's less contentious to apply it when instead of saying "Gambling is bad", we're saying "Allowing a private company to turn any arbitrary event in the natural world into an always available, poorly regulated, aggressively advertised lottery tickets is bad".

Regardless of if one considers gambling moral, the latter is bad to most logical persons. Ironically the stubbornness with which you're ascribing personal morality to other people for saying that is by far the loudest attempt to signal personal morality in this comment section.

[–] UltraSane 4 days ago
Gambling is an inherently unproductive parasitic thing that people can get addicted to and destroy their own lives and the lives of their family members.
[–] whimsicalism 5 days ago
Not sure - to the extent to which Kalshi is a nationwide futures market, it is hard to imagine a more clear "interstate commerce" example. Congress should probably just pass a law delegating regulation of "sports futures" to the states to remove any legal ambiguity. Sports gambling is obviously pretty net bad for young men.
[–] saghm 5 days ago
> Congress should probably just pass a law delegating regulation of "sports futures" to the states to remove any legal ambiguity.

Or they could do the opposite, and just say that apps like this are gambling, which they are, and not a "futures market" that has any real value to society.

[–] whimsicalism 4 days ago
I find value, for instance I speculate heavily on future AI capability advance as a way of hedging my own career. I don't find value in sports gambling.
[–] parineum 4 days ago
You're describing insurance. The distinction between gambling and insurance is basically betting on something you have a financial stake in.

"Hedging" is like insurance but the thing you're insuring against is another bet.

[–] whimsicalism 4 days ago
Insurance, prediction market, futures market, gambling - imo a lot of these are semantic distinctions.

I support banning sports gambling/insurance/futures because it is a big onramp for foolish people to maneuver themselves into disastrous financial decisions.

[–] saghm 4 days ago
Quite a lot of the law is "semantic definitions" in the sense you're using the term. Things like intent and external circumstances are pretty typical for legal systems to take into account. If you're looking for the law to be mathematically pure, then this might be a problem, but if you're looking for the law to be flexible enough to handle real-world circumstances while still having some enforcement power that can be agreed upon, this is a feature, not a bug.
[–] freejazz 4 days ago
Yeah I'm an attorney and I post here a bit and it's always shocking to me that a lot of people here don't realize this. The idea that society would be better off banning insurance because it's like gambling is a severely incomplete thought. Really getting caught up in the broadest view possible, while disregarding all of the key details. It's entirely opposite to the approach taken by the law, which is to examine the key details to determine what actually is happening, and not get too caught up in labels.
[–] JumpCrisscross 4 days ago
> Insurance, prediction market, futures market, gambling - imo a lot of these are semantic distinctions

Guess at which level insurance and gambling are regulated?

[–] saghm 4 days ago
For every bet, there's one person who finds value, and another who doesn't. Neither of those alone are sufficient to determine value to society as a whole.
[–] bethekidyouwant 4 days ago
who decides? (always by definition an authoritarian)
[–] JumpCrisscross 4 days ago
> who decides? (always by definition an authoritarian)

By this measure any regulation of a commons is authoritarian. Fortunately, societies with this attitude tend to bee-line their ways to ecological collapse.

[–] saghm 4 days ago
No, I don't think the common definition of "authoritarian" is "literally every possible form of government ever".
[–] rapind 4 days ago
These platforms are 99% sports gambling though so without the sports, they probably wouldn’t exist.
[–] whimsicalism 4 days ago
I don't think that's true of polymarket and it is definitely not true of when I first started using these markets.
[–] cowlevel 4 days ago
AFAIK it's true by betting volume even if it's not their best known feature
[–] soerxpso 5 days ago
Nobody is forcing you to gamble. If you think it's a "net bad" then simply don't do it, it doesn't need to be illegal for consenting adults to make transactions with eachother.
[–] mxkopy 5 days ago
This sort of excuse for unleashing highly engineered weapons of mass mental destruction upon your own citizens needs to be retired
[–] whimsicalism 5 days ago
I'm perfectly fine being nosy and intervening in voluntary transactions between consenting adults - same reason I support taxation.
[–] soerxpso 4 days ago
Please remain amenable to that argument when it's made about abortion, gay marriage, etc, then. There are a variety of transactions people want to arbitrarily regulate based on what they think is "obviously a net bad" and you shouldn't assume that your personal taste is going to be the one catered to by government forever.
[–] cowlevel 4 days ago
It's not an argument in itself, it's just rejecting a counter-argument. The opposite of "it's never okay for the government to interfere in voluntary transactions" isn't "the government must always interfere", it's "sometimes it's okay for the government to interfere"
[–] soerxpso 4 days ago
Nothing distinguishes your "I want the government to ban this because I think it's icky" from anyone else's. It absolutely is the same argument.
[–] cowlevel 3 days ago
You seem to be rejecting the premise that different things are different. If someone believes that cleaning chemicals should be locked up in supermarkets for child safety, that doesn't mean they believe bread should be locked up in supermarkets. Maybe they do, maybe they don't.
[–] cucumber3732842 4 days ago
Government intervention into what is essentially private consumer behavior (not like this is a deal between MSFT and Intel or whatever) is dangerous, incompatible with the values of personal freedom and should be invoked only in extremely rare and narrowly scoped circumstances.

Now, I'm willing to accept that people will disagree about what deserves intervention and how much is acceptable. We can bicker about how much retail sports betting, guns, drugs, adult content, etc, etc, should be curtailed, that's fine.

But the hill I will die on is that people, such as yourself, who use a situations like this, where the overwhelming majority will probably want some amount of intervention as a soapbox to peddle intervention into people's private behavior for it's own sake like it's some sort of good default policy are evil at their very core and should be ridiculed, shunned and marginalized for the benefit of us all.

[–] freejazz 4 days ago
A bit dramatic, no?
[–] whimsicalism 4 days ago
Evil at my very core for favoring sports gambling regulation? Christ, the libertarians on this site are histrionic.
[–] ToValueFunfetti 4 days ago
You did say you're perfectly fine intervening in a way that appeared general- that is, I don't think it's wildly out of line to read you as saying 'there is no tradeoff' rather than that 'the tradeoff is worthwhile in this particular case'.
[–] whimsicalism 4 days ago
I don't think it is on face impermissible to intervene in voluntary transactions. I'm not saying government should intervene just for the fun of it.
[–] stickfigure 5 days ago
Great! I'm sure you won't mind if our Committee for the Promotion of Virtue and the Prevention of Vice goes through your financial transactions, browser history, messaging, friends list, and geolocation records looking for signs of improper behavior. We're here to help you avoid impure thoughts!
[–] saghm 4 days ago
I don't believe you actually have trouble understanding that the opinion that some private transactions are worth making illegal is equivalent to thinking that literally no privacy rights exist. I think you're smart enough to know that people can think that it should be possible to prosecute a company nationally advertising that they provide a service without thinking that it should be possible for the government to arbitrarily decide to force a citizen to turn over all of their private communications without a court order.
[–] ozgrakkurt 4 days ago
Banning drugs, smoking and gambling is not the same as a dystopian government.

I know several people that had their lives severely impacted by these things and they were all regular people.

[–] soperj 4 days ago
they already do
[–] wat10000 4 days ago
I know it's difficult for the libertarian mind to comprehend, but one can be in favor of some government intervention without being in favor of all.
[–] pixl97 4 days ago
The libertarians and housecats saying rings true for a reason.
[–] cowlevel 4 days ago
The saying in question:

Libertarians are like house cats. They’re convinced of their fierce independence while dependent on a system they don’t appreciate or understand.

[–] _vertigo 5 days ago
Unfortunately, gamified gambling on your phone is so bad for society that I think it should be banned or heavily limited even at the expense of the freedom for consenting adults making transactions with each other.

Same argument around banning hard drugs. They just make society worse. Obviously hard drugs are more clear cut and definitely worse for you, just saying, similar situation in principle.

[–] buriram 4 days ago
Ok, then we are going back to Prohibition era again. How about making the 28th Amendment (and the 29th Amendment for repealing it)?
[–] preg_match 4 days ago
Gambling has been largely prohibited for most of recent US history.

You think they were fucking gambling on their iPhones in 1890? They weren’t even doing that in 2012! Get real.

[–] buriram 4 days ago
But US has to pass https://en.wikipedia.org/wiki/Unlawful_Internet_Gambling_Enf... in 2006 to outlaw PokerStars and all sort of online casinos, so clearly a state gambling regulation is not sufficient. Now tell me why does that not cover Kalshi / Polymarket?
[–] JumpCrisscross 4 days ago
> why does that not cover Kalshi / Polymarket?

Because our regime is corrupt and bought [1]?

[1] https://finance.yahoo.com/markets/options/articles/kalshi-re...

[–] stickfigure 5 days ago
Oh yeah, banning drugs has gone so well. What a great example.
[–] _vertigo 4 days ago
Evaluate the counterfactual
[–] QDwQ1 4 days ago
Yeah we should totally just sell heroin OTC at CVS. That would be much better for society overall
[–] scarecrowbob 4 days ago
Probably?

I have given out a certain of points and bubbles in my life under harm reduction programs. These efforts (which I've worked at but not been central to) have had a measurable and positive impact on syphilis rates in rural Colorado among a number of other metrics.

While I think it's not great folks use, the worst parts of many of these things are created by states sanctioning things. People mess their lives up all kinds of ways and creating a black market pretty much just changes the incentive structures. It just makes it more likely folks will do fent because that's what they can find, but if they can't find that they'll drink hand sanitizer.

Unless you think that these folks should kill themselves off using tainted drugs (which was a policy pursued by the US government during alcohol prohibition), then legalization program makes some sense.

Introducing a government monopoly on things like heroin would have a lot of up-sides with the downsides largely being slightly skewed versions what we have right now.

I don't think that marketing heroin in social media apps the way gambling does is a sane idea, but I also don't think gambling apps should be allowed to market themselves.

Like a lot of things, I believe having a government undercut the market for things would have a positive impact, but depending on your view of the relationship between the DEA and the CIA you might think that is already happening but in the worst of all possible ways,

[–] whimsicalism 4 days ago
Harm reduction is a double edged sword and should be assessed on the actual merits of the evidence - I am skeptical that legal heroin would be net mortality reducing.

There's already causal inference evidence out there indicating that needle exchange programs reduce rates of HIV and other bloodborne infections, but increase the risk of fatal overdose. If simply making fresh needles more accessible increases overdose rates, I suspect legalizing heroin would have a much larger effect.

[–] mcmcmc 4 days ago
The Sacklers already did that (not quite OTC) with opioids
[–] cowlevel 4 days ago
And it was bad, but it went from bad to terrible when they stopped getting their OTC opioids and had to switch to black markets.
[–] cowlevel 4 days ago
You used to - like a century ago - be able to buy things like cocaine and methamphetamine OTC at pharmacies and they were not as big of a problem as they are today. A lot of today's problems come from things outside the drug itself. Most overdose deaths, for example, come from the drug user being wrong about the amount they're injecting because their dealer lied to them, or didn't know themselves because their dealer's dealer's dealer changed supplier, and didn't notify those downstream because reliable communication is difficult because of the police.
[–] stickfigure 4 days ago
How do you know it wouldn't?
[–] QDwQ1 4 days ago
> hOw do You kNOw iT woUldn'T?

jfc this is just terminal contrarianism. do we really need to debate whether it's harmful for extremely addictive drugs to be widely available? the Chinese literally fought wars over this

[–] solyin 4 days ago
The War on Drugs people aren't actually serious. They think too small or are kids wanting to play with toys. Fighting the supply side gets you narco subs and secret passageways and cartels. Fighting the demand side with housing and jobs and hope for the future and families and therapy and happiness just doesn't look as cool on tv as rolling up with a SWAT team with GUNS mowing down bad guys.
[–] JumpCrisscross 4 days ago
> banning drugs has gone so well

Straw man. Nobody is calling for banning gambling nationally.

For hard drugs, the expert consensus around harm reduction is supervised injection. Casinos are, in one sense, supervised injection for gambling. Kalshi, on the other hand, is the local dealer selling fentanyl to teens [1].

[1] https://finance.yahoo.com/markets/options/articles/polymarke...

[–] yfw 4 days ago
Because gambling has no externalities right?
[–] mcmcmc 4 days ago
Nobody is forcing anyone to do heroin either, but it’s also banned as dangerously addictive
[–] ApolloFortyNine 5 days ago
It does (or at least arguably should be) if you also want to have a social safety net.
[–] cowlevel 4 days ago
But they don't want a social safety net
[–] HDThoreaun 5 days ago
Arizona filed criminal charges against kalshi and its executives in May and lost before it could even go to trial. The growing consensus among the courts is that states do not have the right to enforce this. Needs to go to the Supreme Court now
[–] cco 4 days ago
Agreed, and you must first file charges to make it there.

EDIT: Looks like the 9th and 6th circuits have since agreed and rejected Kalshi and CFTC's argument.

[–] gamblor956 4 days ago
You have it exactly backwards. There is a growing consensus among the courts that the states have the right to enforce this, and have since the CFTC was created.

It will go to SCOTUS due to the circuit court split.

[–] Spivak 4 days ago
> It will go to SCOTUS due to the circuit court split.

I highly doubt it, they declined the case so the circuit split will live on for now and most likely be resolved by the legislature via one of the many bills making their way through congress. They could always take it up later but they're not so subtlety signaling that congress needs to make their intent clear on this one.

[–] JumpCrisscross 4 days ago
> lost before it could even go to trial

Source?

I'm seeing "U.S. District Judge Michael Liburdi in Arizona, a Trump appointee, denied Kalshi's request for a temporary block on Tuesday and ordered the company to demonstrate why the case should be in federal court given the new state charges" [1]. That's quashing a request for a preliminary injunction. Not throwing out the case.

Meanwhile, "federal and state judges in Nevada and Massachusetts, respectively, issued early rulings in favor of states looking to ban Kalshi and its competitor Polymarket from offering sports betting in their states, while federal judges in New Jersey and Tennessee have ruled in favor of Kalshi. The Nevada lawsuit was remanded to state court."

[1] https://www.wlky.com/article/arizona-kalshi-criminal-charges...

[–] joshheitzman 5 days ago
> And taking on the feds too, that is a gutsy move.

More likely a wasteful move. Federal preemption is well established.

[–] bragr 4 days ago
Counter point: the 10th amendment is also strong. Is it finance? Strongly a Federal issue. Gambling? Strongly a State issue.
[–] esalman 4 days ago
Betting on whether Godzilla Minus Zero will have 90 or higher rotten tomato score [1] is surely not finance.

[1] https://kalshi.com/markets/kxrt/rotten-tomatoes-scores/kxrt-...

[–] cowlevel 4 days ago
You'd think so but they try to position themselves as a way for movie executives to hedge their bonuses.
[–] dzhiurgis 4 days ago
How is that gambling? To me it implies some sort of game. Whereas movie + and it's rating is a predictable outcome.
[–] JumpCrisscross 4 days ago
> How is that gambling?

I think gambling is defined by the players' behaviour more than the game's structure. There are professional poker players who I would argue do not gamble. They're playing risks as much as an insurance adjuster.

On the other hand, someone investing their life savings into McDonald's meals in an attempt to win a sweepstakes isn't buying burgers.

So the question really is, how many Kalshi and Polymarket users display signs of problem gambling? From what I'm seeing, it isn't negligible [1].

[1] https://newsroom.ucla.edu/in-the-news/la-therapists-are-seei...

[–] riffraff 4 days ago
"novelty betting" has been around for a very long time.

Gambling has to do with putting money in a proposition, not with sports. "I bet you I can drink two points before you" is not a financial statement.

[–] xhkkffbf 4 days ago
Gambling, at least in casinos, means betting on very random and unpredictable things like the roll of a die. That's the distinction between games of chance and games of skill.

In reality, every thing we do in life is a gamble. Even investing in US Treasury Bonds. (And if you don't think so, look at the national debt again.)

[–] pixl97 4 days ago
Hence regulated/unregulated gambling is what it breaks down into.
[–] echoangle 4 days ago
Is sports betting gambling to you?
[–] esalman 4 days ago
What is gambling?
[–] joshheitzman 4 days ago
Guess who decides whether its commerce or gambling?

I said 'commerce' not 'finance' because finance is just one of many, many things that is within the purview of federal law due the commerce clause.

[–] freejazz 4 days ago
The question isn't whether or not the commerce clause could regulate gambling. There's no debate that it could. The issue is that the CFTC does not regulate gambling. The question is what was the CFTC intended to regulate, not "what powers does congress have?". There's no dispute that congress could regulate gambling if they wanted to. They didn't.
[–] iinnPP 4 days ago
The Commerce Clause covers everything because they stretched it to include literally everything using "impacts market via supply shift." Even without any crossing of any state or even county line.
[–] joshheitzman 4 days ago
Yeah so? It is what is at this point.
[–] Buttons840 4 days ago
Growing food on your own land to feed to your own animals (who also reside on the same land) is "interstate commerce", so I guess it's all "commerce".

https://en.wikipedia.org/wiki/Wickard_v._Filburn

[–] echoangle 4 days ago
The ruling isn’t that growing food yourself is interstate commerce, they said that growing food yourself reduces interstate commerce because then you need to buy less food from others.
[–] salawat 4 days ago
Doesn't matter. Court held that that characteristic was sufficient to elevate the activity to Federal jurisdiction, which has been used as a lynchpin decision for exploding the Federal regulatory state. Logically speaking, If *pointedly not doing activity in such a way as to not have commerce be interstate makes it interstate commerce by virtue of decreasing one's reliance on interstate commerce, all commerce is, therefore, interstate commerce.
[–] echoangle 4 days ago
There’s a difference between affecting interstate commerce and being interstate commerce. It’s not considered interstate commerce, it only is regulated because it affects interstate commerce.

Imagine there’s a law saying that regulating abortion is federal responsibility and the senate then uses this law as justification to ban demonstrations around abortion clinics. Would that mean that demonstrating next to an abortion clinic counts as abortion?

[–] labcomputer 4 days ago
The problem with Wickard v Filburn is that there is literally no activity that doesn't qualify as interstate commerce, when the framers of the constitution clearly intended that "interstate commerce" was not an all-inclusive concept. If that's what they meant, why would they have placed any limits on Federal power? What is the point of having all those redundant words in the constitution?

That's why subsequent courts walked it back. It was an obviously flawed ruling that produces preposterous results.

I mean, can the government prohibit dying (and throw your corpse in jail) because death means buying less food from others? Can the federal government throw you in jail for not having enough children because that reduces the amount spent on baby clothes?

[–] echoangle 4 days ago
I don’t agree or disagree with the ruling (I don’t really care, I’m not even from the US), but I agree it seems pretty overreaching. I was just making the point that the court never claimed that growing your own food counts as interstate commerce.
[–] JumpCrisscross 4 days ago
> Federal preemption is well established

In what? Source?

CFTC seems to be preëmpting state gambling laws under commodities regulation (specifically, as "excluded commodities"). That sounds, to me, like a major question. The sort Chevron deferred to regulators. The kind our current SCOTUS says should be decided by the Congress. To my knowledge, the Congress has said nothing about prediction markets. Which means it's in the domain of states.

Otherwise, fuck it, let's launch a prediction-market based national health insurance market. I'll sell you a contract that pays my medical bills if I have a health event.

[–] joshheitzman 4 days ago
Its right there on Kalshi's website: https://help.kalshi.com/en/articles/13823765-how-is-kalshi-r...

Congress didn't identify the markets it was regulating by common names or trade names. It doesn't matter if its generally called a prediction market, a commodities market, or a futures exchange. What matters is if it qualifies as a Designated Contract Market as per https://www.ecfr.gov/current/title-17/chapter-I/part-38 so if you want to actually have knowledge of what Congress said on this topic your going to have read all of that.

There is already a split decision on this between the 3rd and 9th circuits so it seems likely SCOTUS is going to take this up. I expect they'll be the ones deciding if this in the domain of the states or not. If they don't pick it up then its going to vary by circuit, such that it will be in the domain of some states and not others.

[–] JumpCrisscross 4 days ago
> What matters is if it qualifies as a Designated Contract Market

DCMs are a creature of rule, not statute [1]. The statutes that animate it are the CFMA of 2000, Dodd-Frank "special rule" for event contracts and CEA § 5. The core question, whether the CFTC has the authority to regulate this kind of DCM, is still open.

> There is already a split decision on this between the 3rd and 9th circuits so it seems likely SCOTUS is going to take this up

Links to the split opinions?

[1] To be clear, DCMs are undefined in statute. DCMs are just referenced in other statute. Part 38 is an implementing regulation.

[–] joshheitzman 4 days ago
> Links to the split opinions?

Seriously? That is easy to find, so I'm just going to skip past that to the petition to SCOTUS that references both: https://www.supremecourt.gov/DocketPDF/26/26-299/428759/2026...

[–] JumpCrisscross 4 days ago
I mean, I love that write-up, but it's because I wholly agree with it.

If that's your only source, I'll rest my case–it make the argument cleanly.

[–] joshheitzman 4 days ago
Honestly, I have no idea what case you are resting if you think a petition to SCOTUS to hear arguments to settle all of this means its already settled.

Its seems like there is literally nothing you will accept to show that this isn't settled yet.

[–] gamblor956 4 days ago
That's farcical on its face.

Predictions aren't swaps as defined by federal law. If they were, the term "swap" would be so broad that every transaction and exchange of value in the world would be within the CFTC's jurisdiction, excluding those the CEA gives to the SEC.

The only reason the prediction market hasn't already been shut down is because multiple members of the president's family are heavily invested in the industry.

[–] sidewndr46 4 days ago
Is there any legal basis for prediction markets being a freedom of speech issue
[–] lo_zamoyski 4 days ago
In a morally relativistic, legally positivistic hyper-individualism that ignores the objective truth and prioritizes individual “autonomy” over substantive moral ends, you can pervert any positive law to mean whatever you wish - this is how pornography came to be regarded as protected free speech. (The classical legal tradition views law as an ordinance of reason directed toward the common good.)

So I wouldn’t be surprised under the right social and cultural conditions and the right people in power that it could become regarded as a protected liberty. It is rather frightening that this relativism – deprived of objective anchors and standards – doesn’t strike people as terrifying. Too many people take for granted the status quo they are accustomed to, or they are so fixated on satisfying some appetite du jour that they fail to grasp the waiting Dionysian fallout[0].

[0] https://chs.harvard.edu/primary-source/euripides-bacchae-sb/

[–] sidewndr46 4 days ago
I'm not really sure where you are getting this ivory tower view from. Pornography is not protected speech in the united states. The actual legal test as applied by our justice system for this "I know it when I see it" as applied under the Roth test. The practical effect of this is that our legal system is free to censor whatever it wants when it deems it necessary to. You seem deeply disappointed that our society as a result, chose obscenity quite often rather than censorship.

My general position has been that the durability of the Bill of Rights is directly attributed to what you call "relativism". When the government finds the Bill of Rights to be unpleasant, they simply decide it never applied in the first place.

[–] JumpCrisscross 4 days ago
> Is there any legal basis for prediction markets being a freedom of speech issue

Wall Street has been trying to argue this for ages [1]. To date, it hasn't worked.

[1] https://cdn.ca9.uscourts.gov/datastore/opinions/2025/08/06/2...

[–] cowlevel 4 days ago
Didn't a court find that money is speech once?
[–] freejazz 4 days ago
Are you familiar with these cases at all? Gambling regulation is left basically entirely to the states.
[–] joshheitzman 4 days ago
What's the difference between a Kalshi event contract and a COMEX futures option contract?
[–] dghlsakjg 4 days ago
I'll bite: futures contracts serve a valuable social/economic function outside of their existence, and are just a commoditization/securitization of something that arises naturally out of doing business (agreeing on a future price today). While you can gamble with futures contracts, the underlying purpose is actually incredibly useful.

Prediction betting has an argument that truth discovery is economically valuable, but I don't buy it.

If prediction betting was banned, only two businesses would be affected, Kalshi and Polymarket. If futures markets were banned, many businesses would be massively affected, and almost every business would be indirectly affected.

[–] joshheitzman 4 days ago
Probably without intending it you've gotten right to the heart of what's at dispute here.

The common language meaning of gambling is too broad and captures things that aren't legally regulated as gambling such as gambling (again common meaning of the word) with futures contracts. Sometimes gambling is dressed up a speculating, but one could argue that one can speculate as a participant in many card games since they allow room for analysis and aren't pure chance. This is what the legal dispute comes down too.

The other is the debate for the value of the truth discovery. Some folks buy it and others don't. SCOTUS will likely take the case to resolve the split between the circuits and we'll if the value of this even enters into the decision or it just comes down interpretation of the statutes.

[–] freejazz 4 days ago
>Probably without intending it you've gotten right to the heart of what's at dispute here.

Awfully rude.

>The common language meaning of gambling is too broad and captures things that aren't legally regulated as gambling such as gambling (again common meaning of the word) with futures contracts.

No it doesn't. No one argues that state gambling laws actually regulate the trade of securities, options, or anything actually covered by the CFTC, so this is a completely sham argument.

>The other is the debate for the value of the truth discovery. Some folks buy it and others don't. SCOTUS will likely take the case to resolve the split between the circuits and we'll if the value of this even enters into the decision or it just comes down interpretation of the statutes.

The value of truth discovery is completely irrelevant to these cases. Either congress intended to regulate sports gambling under the CFTC, or it didn't. The executive branch can't get around that.

[–] santadays 4 days ago
Kalshi and Polymarket make money because they advertise themselves as legal gambling (I haven't done extensive research of this, but I do get alot of advertisements for them). Then they justify their existence as some sort of futures market.

This feels like a similar playbook to crypto. People make money through pump and dump schemes and/or luck/speculation. Then they justify their existence as some bastion of decentralized power/coordination.

[–] dzhiurgis 4 days ago
There was recently a case where insurance contract was put on prediction market. Also there is similar thing called catastrophe bond.
[–] joshheitzman 4 days ago
That's really interesting. On another thread someone said something about health insurance related contracts like that was some kind of slippery slope bad outcome from allowing prediction markets. I didn't think anything of it at the time, but our health system is so broken I'll support anything that shakes up the status quo. I doubt Kalshi or Polymarket will turn in to that, but maybe they'll create a wedge for someone else to create a health event marketplaces.

I think a lot of folks here think I'm debating this because I support prediction markets, but I could have cared less which way SCOTUS comes down on this. Now I'm rooting for Kalshi when SCOTUS picks this up and not regretting the time I spent on this. I try to avoid commenting on anything political, but I had a moment of weakness while I was waiting for benchmarks to run. Thanks!

[–] freejazz 4 days ago
They have nothing to do with each other, at all, and you are grasping at straws.
[–] freejazz 4 days ago
9th circuit was pretty clear that a sports game was not what a "financial event" is under the statute.
[–] joshheitzman 4 days ago
And the 3rd circuit ruled the opposite. I'd be really surprised if SCOTUS declined to resolve this split between the circuits.
[–] freejazz 4 days ago
No, lol, their opinion did not reach that. The third circuit's opinion stated that we need clarity from congress as to whether or not sports gambling, and also "bingo" (not making that up) are actually covered by the CFTC. They just said that the statute preempts whatever state law could be on this issue, which is not the same thing as what you said would be ruling "the opposite" which would be that the outcome of a sports game is a financial event. That's obviously not true outside of the context of gambling. Unlike, say, everything that is actually regulated by the CFTC.

And this is what I've been trying to get at here... who can actually say with a straight face that congress intended to regulate sports gambling with the CFTC? It's a ridiculous proposition to which there are no actual facts that support it. Nothing in the congressional record, nothing in the statute. Just a broad reading of the language while keeping one's head in the sand.

[–] joshheitzman 4 days ago
The 3rd circuit literally said they are '"swaps" subject to the CFTC's jusridiction' which is literally the opposite of what the 9th circuit said. Thanks for making me use literally twice in the same sentence.

The reference to bingo was something that New Jersey and the dissent brought up. Direct quote that covers both: 'Because Kalshi’s sports related event contracts are traded on a CFTC-licensed DCM and depend on event outcomes associated with economic consequences, they fit within the Act’s definition of “swaps” subject to the CFTC’s jurisdiction. See 7 U.S.C. §§ 2(a)(1)(A), 1a(47)(A)(ii).

New Jersey and the dissent “pile inference upon inference” and postulate that anything from bingo games to pingpong matches will fall under the CFTC’s jurisdiction.'

from: https://www.courthousenews.com/wp-content/uploads/2026/04/ka...

[–] quickthrowman 4 days ago
1) You can exercise a in-the-money futures option to (call) buy or (put) sell a futures contract.

2) The CME copper futures contract (/HG) is also physically settled.

[–] joshheitzman 4 days ago
To fall under the purview of the CFTC does a contract need to be physically settled or be a derivative of a contract that is physically settled?
[–] quickthrowman 4 days ago
/ES futures are cash settled.

/ES futures are used to hedge an SPX position or speculate on SPX. SPX options are also cash settled.

I’m not going to allow you to depose me, if you want to know more about futures contracts, CME and CBOE publish information on all of their futures contracts.

[–] joshheitzman 4 days ago
> I’m not going to allow you to depose me

Then I won't ask you what the difference is between speculation and gambling. Instead I'll just declare myself the winner of this debate.

[–] svpk 4 days ago
A future is a contract to deliver a good at a time at a price. That's ordinary business. All of the scaffolding around futures contacts is at core built around buying and selling actual stuff. A pork future is an agreement to buy actual pork.

The event contract isn't tied to the delivery of a good or service.

[–] 15155 4 days ago
What are /ES futures? Or every other cash-settled future or futures options contract?
[–] joshheitzman 4 days ago
I asked about option contracts not futures contracts. As to futures contracts there are many that are not associated with anything physical (e.g. stock indexes, bitcoin, US treasuries, etc.).
[–] mcmcmc 4 days ago
And easily overturned, like Roe v Wade
[–] joshheitzman 4 days ago
One thing is written directly into the constitution the other is not. How are they similar?
[–] mcmcmc 4 days ago
The 10th Amendment exists, and regulation of gambling and/or financial futures are definitely not in the constitution
[–] joshheitzman 4 days ago
[–] mcmcmc 4 days ago
The Founders didn’t exactly anticipate the internet. If states can place restrictions on certain types of speech (eg porn or abortion advocacy) they can certainly place restrictions on gamblers within their borders
[–] joshheitzman 4 days ago
> If states can place restrictions on certain types of speech (eg porn or abortion advocacy)

This is a matter of whether the state laws violate the constitution.

> place restrictions on gamblers within their borders

This is a matter of if state laws have been preempted by federal laws.

Again these two things are not like each other.

[–] bwestergard 4 days ago
Oh yeah? Please tell us which federal statute preempts Utah's gambling laws.