Posted May 26, 2013

A freedom of speech lawsuit brought in 2006 against the Virginia Department of Alcoholic Beverage Control by college newspapers at Virginia Tech and the University of Virginia is once again before a federal court.

Styled Educational Media Company at Virginia Tech v. Insley, the case was argued before the 4th Circuit Court of Appeals on May 14. Now attorneys on both sides of the case are waiting for a written ruling, which could take up to about four months, according to plaintiffs attorney Rebecca Glenberg.

Glenberg is legal director for the Virginia chapter of the American Civil Liberties Union.

The Collegiate Times, which covers Tech and The Cavalier Daily, which covers UVa., have argued that an ABC rule banning most alcohol advertisements in the pages of college newspapers violates their constitutional guarantee of free speech. The rule applies only to campus newspapers, not traditional commercial papers.

The plaintiffs won their case in federal district court in Richmond, with the court ruling there was no evidence that the regulation directly and materially advanced the governments interest in diminishing underage drinking and binge drinking on college campuses Glenberg said in 2010.

But the 4th Circuit Court of Appeals reversed the decision, finding that as a matter of common sense the regulation was effective, Glenberg said at the time. The plaintiffs appealed to the U.S. Supreme Court, which declined to take the case.

Glenberg went back to the 4th Circuit to argue the case on other grounds, namely that the ABC rule unlawfully discriminates against a narrow section of the media.

The 3rd Circuit Court of Appeals, led at the time by now U.S. Supreme Court Justice Samuel Alito struck down a statute very similar to the ABC rule at issue in this case, Glenberg said. The ABC media relations office did not respond to a request for comment last week on the suit.

The Roanoke Times | 381-1675

The rest is here:

Freedom of speech suit argued