A case calling for a restored ban of alcohol advertising in collegiate journalism publications was upheld by a federal appeals court fourth circuit last Friday. The majority opinion argued that such advertisements do not infringe on first amendment rights and encourage underage drinking.
The Educational Media Co. at Virginia Tech v. Swecker, which ruled in favor of the Virginia Alcoholic Beverage Control Commission's ban 2 to 1, specifically disallows college publications to advertise specific brands of alcohol "unless in reference to a dining establishment." It also prohibits the phrase "happy hour" or similar terms from advertisements.
The majority opinion was written by Judge Dennis Shedd, who was joined by Senior Judge Clyde Hamilton.
Rebecca Glenberg, attorney legal director of the American Civil Liberties Union of Virginia, defended the case for Virginia Tech's Collegiate Times and The Cavalier Daily, which both were involved in the suit. She expressed her dissatisfaction with the decision and believes the opposition failed to present sufficient evidence.
"The state's own expert said that there wasn't a whole lot of evidence linking alcohol advertising and binge drinking," she said, adding that alcohol advertisements will reach college students via other forms of media regardless of the advertisements. The state's evidence was centered around the concept of "common sense," she said.
Judge Norman Moon, who wrote the dissenting opinion, pointed out that most of the people reading collegiate newspapers are older than the age of 21, if one includes faculty and staff members employed by universities, as well.
"These college newspapers are not distributed or intended to be distributed primarily to persons under 21 years of age," he wrote in the dissent.
Moon also cited a precedent from Pitt News v. Pappert, a case in which the college newspaper invalidated a Pennsylvania statute that banned advertisers from paying for alcoholic beverage advertising.
Brian J. Gottstein, a lobbyist on behalf of the Virginia Institute for Public Policy, was a prominent supporter of the ban.
"We're pleased that the fourth circuit court of appeals agreed with our view," he said.
Although the decision has not been overturned, Glenberg is optimistic about appealing the case in hopes of overturning the decision.
"It was heartening that at least one dissented," she said of the judges who decided the case. "This indicates that there is at least some support for our position."
The Educational Media Co. is currently discussing the possibility of an appeal, which must be filed two weeks from now if it is to be considered, Glenberg said.
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