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."