VIRGINIA-- The 4th U.S. Circuit Court of Appeals ruled that
the Virginia regulation that prohibits college publications from printing
alcohol advertisements does not violate the students' First Amendment rights.
Virginia Administrative Code
Section
5-20-40
states college newspapers cannot print advertisements for beer, wine or mixed
beverages unless the ads are "in reference to a dining establishment" and can
only include words such as "beer," "mixed drink," "cocktail" and "wine."
Mentions of a "happy hour" or specific drink specials are prohibited.
"The effect of this regulation that the circuit court upheld was to
substantially diminish the student newspaper's revenue, which is almost totally
based on advertising. Perhaps more importantly, it interferes with the editorial
decision making of students, editors, and journalists," ACLU Legal Director
Rebecca Glenberg said.
Glenberg said she is disappointed in the decision. In the 2-1 majority
ruling, Glenberg agrees with dissenting opinion from Judge Norman Moon, who
pointed out the connection between the alcohol-advertising ban and underage
drinking or binge drinking on college campuses is speculative.
"There were better ways for the state to try and address those problems
without infringing on the free speech rights of newspapers and students,"
Glenberg said.
The ACLU filed suit in federal district court in early June 2009 on behalf
of the student newspapers at Virginia Tech and the University of
Virginia--the
Collegiate Times and
The Cavalier Daily,
respectively--arguing that
Section
5-20-40 is unconstitutional and inhibits the journalist's free-speech
rights.
The district court declared Section 5- 20-40
"facially unconstitutional as an invalid ban on commercial speech."
The Court of Appeals' opinion reversed the Virginia district court's
decision, and allows the current Alcohol Beverage Control rule to stand.
The appeals court opinion states the ban was appropriately tailored to
achieve the state's legitimate interest in fighting against underage and abusive
drinking on college campuses, and is not overbroad in its approach.
Brian J. Gottstein, director of communication for the office of the
Virginia attorney general, said the state is pleased with the Fourth Circuit's opinion.
Glenberg said she is in discussion with the Collegiate Times and
The Cavalier Daily on their next step, but may decide to petition the
full Court of Appeals to hear the case.
The case is Educational Media Co. at Virginia Tech, Inc. v. Swecker.
By Nicole Ocran, SPLC staff writer
