The Cavalier Daily and The Collegiate Times claimed they lost $30,000 in advertising revenue because of Alcohol Beverage Control Board regulations [3 Va. Admin. Code secs. 5-20-40(A) & (B)(3)] that prohibit the use of the term "happy hour," ban references to specific cocktails, and forbid beer, wine and mixed drink ads in student-operated publications except within the context of a restaurant ad.
AP said the ACLU filed the High Court petition Monday, arguing that the ban on non-deceptive advertising was unconstitutional and did not advance "important societal goals." The appellate court said the ABCB regs passed constitutional muster because they were narrowly tailored to curb underage and excessive drinking by college students and therefore, a permissible restriction on the papers' commercial speech rights.
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