UPDATE: No 1st Amend. Violation in College Paper Alcohol Ad Ban

(Photo credit: Wikipedia)

The United States District Court for the Eastern District of Virginia has upheld the Commonwealth's Alcohol Beverage Control ("ABC") regulations that bar alcohol advertising from the University of Virginia's Cavalier Daily newspaper.

Judge M. Hannah Lauck conceded her alcohol advertisement ruling restricts commercial speech, but wrote: "it does not, nor does it tend to, restrict the length, content or substance of noncommercial speech," and therefore, does not impede the First Amendment rights of The Cavalier Daily. As reported by the Charlottesville, Va.-based The Daily Progress, the decision upheld the ABC regulations, recognizing that collegiate newspapers' principal audience is under age 21.

Pursuant to the relevant ABC regs., [3 Va. Admin. Code secs. 5-20-40(A) & (B)(3)], terms such as happy hour are banned and references to specific brands of alcohol, as well as beer, wine and mixed drink advertisements in student-run publications, except in the context of restaurant advertising, are prohibited. (See "TUOL" posts 11/30/10, 8/24/10, 4/12/10.)

Expert testimony for the government suggested binge drinking and alcohol consumption overall would lessen under the ban, but the college newspapers, who complained the ban cost them $30,000 in advertising revenues annually, presented expert testimony that alcohol ads promote brand loyalty and have little impact on the demand for intoxicating beverages.  The student publications, which were represented by the ACLU, have yet to decide whether to appeal.

UPDATE: Last Call for Va. College Papers on Alcohol Ad Ban

Image via WikipediaIn Educational Media Co. v. Swecker (Docket No. 10-278), the U. S. Supreme Court Monday declined to hear an appeal by the Va. chapter of the ACLU on behalf of two college newspapers in the Commonwealth regarding alcohol advertisement restrictions, according to an Associated Press report.

The High Court decision lets stand the 2-1 vote of the U.S. Circuit Court of Appeals for the Fourth Circuit (Case No. 08-1798) that upheld the validity of Va. Alcohol Beverage Control Regulations [3 Va. Admin. Code secs. 5-20-40(A) & (B)(3)] that prohibit use of the term happy hour, forbid references to specific alcoholic beverages and ban beer, wine and mixed drink advertisements in student-run publications, except in the context of restaurant ads. [See "TUOL" post 8/24/10.]

Both The Cavalier Daily and The Collegiate Times challenged the ban on the non-deceptive ads on First Amendment grounds, arguing that they lost roughly $30,000 in ad revenue because of the proscription. Instead of  "bottoms up," their appeal has bottomed out.

Will Supreme Court Drink In College Paper Alcohol Ban 1st Amendment Case?

Image by ThisIsIt2 via FlickrThe Virginia chapter of the American Civil Liberties Union has petitioned the U.S. Supreme Court to overturn the 2-1 vote of the U.S. Circuit Court of Appeals for the Fourth Circuit in Educational Media Co. at Virginia Tech, Inc. et al. v. Susan R. Swecker, Commissioner, Virginia Alcoholic Beverage Control Commission et al, (Case No. 08-1798) that alcohol advertisement restrictions didn't violate two college newspapers' First Amendment rights, according to an Associated Press story. (See "TUOL" post April 12, 2010.)

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.

'Bottoms Up' Bottoms Out: Court Okays Liquor Ad Limits

Image via Wikipedia

The First Amendment rights of The Cavalier Daily and The Collegiate Daily were not abridged by alcohol advetisement restrictions imposed by the Commonwealth of Virginia, a divided U.S. Court of Appeals for the Fourth Circuit has ruled.

By a 2-1 vote, the 4th Circuit ruled in Educational Media Co. at Virginia Tech, Inc. et al. v. Susan R. Swecker, Commissioner, Virginia Alcoholic Beverage Control Commission et al, (Case No. 08-1798) that Alcohol Beverage Control Board ("ABCB") regulations limiting alcohol advertisements ( 3 Va. Admin. Code secs. 5-20-40(A) & (B)(3)) are not an unconstitutional restraint on commercial speech. The appellate court reversed the decision of the trial court where lawyers for the collegiate newspapers argued successfully that the restrictions both infringed on their free speech rights and did not deter alcohol consumption by underaged college students.  According to the plaintiffs, the ABCB cost the newspapers more than $30,000 in lost ad revenues annually through the regulations, which 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.

Writing for the majority, Judge Dennis W. Shedd concluded the ABCB restriction "is narrowly tailored to serve the board's interest of establishing a comprehensive scheme attacking the problem of underage and dangerous drinking by college students."