The Virginia Supreme Court heard arguments Wednesday about the legal definition of college newspapers, which could affect the ability of student newspapers such as The Cavalier Daily to print alcohol advertisements.
Current Alcoholic Beverage Control Board regulations prohibit college newspapers from publishing advertisements that refer to alcohol, meaning a change in the current definition would allow student newspapers to print alcohol advertisements.
The arguments were part of an ongoing legal battle which began in 2006 with a lawsuit brought against the ABC on behalf of The Cavalier Daily and Virginia Tech's Collegiate Times. The two newspapers challenged the board's regulation of student newspapers, former Cavalier Daily Editor-in-Chief Patrick Harvey said.
Harvey said he was contacted in 2006 by the editor of The Collegiate Times, who told him the American Civil Liberties Union was interested in filing a lawsuit on behalf of the newspapers.
According to ABC regulations, student newspapers cannot advertise alcohol if it is "distributed or intended to be distributed primarily to persons under 21 years of age."
The decision to become involved was a "no-brainer" as "newspapers have a right to print ads that students want to see," Harvey said.
The government argued in a brief submitted to the court July 13 that "the target audience of an undergraduate newspaper is the undergraduate student body. At U.Va., more of this cohort is under 21 than over." The brief stated that 73 percent of the undergraduate population was under 21 in the fall of 2006, when the suit was first filed.
Rebecca Glenberg, the attorney who argued on behalf of the newspapers, responded in her brief that the papers have a circulation which extends beyond the undergraduate populations, noting that it is available at local restaurants and directed to faculty and staff, in addition to students.
Current Collegiate Times Editor-in-Chief Zach Crizer said the majority of the newspaper's readers are older than 21. "We're the only daily newspaper based in Blacksburg," he said. "We command the obvious student readership between ages of 18 and 22, and we also have a large number of town residents who read our paper because we are the only newspaper in town."
Current Cavalier Daily Editor-in-Chief Jason Ally said the readership demographic in Charlottesville mirrors that in Blacksburg.
"Like The Collegiate Times, The Cavalier Daily does attract a following among students between the ages of 18 and 22, but since we're the only student daily publication at the University a large number of faculty, staff and even local residents read our paper," he said. "I hope the court takes that into consideration as it makes its decision."
The court will be deliver its opinion on the case Nov. 4.
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