College publications able to advertise alcohol

Thursday, June, 19, 2008; 3:44 PM | 11 | | Print

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TOPICS: abc alcohol advertising

Today, a U.S. District Court ruled that college newspapers, including the Collegiate Times, will be able to sell alcohol-related advertisements.

Related: Ruling

On March 31, U.S. Magistrate M. Hannah Lauck ruled in favor of alcohol advertising in college publications, arguing that Virginia ABC rules 3 VAC-5-20-40 A and B (3) were unconstitutional. These rules provided that college publications could neither sell nor print alcohol-related advertisements.

The ABC appealed the ruling, and until that appeal was settled, college publications were not to print alcohol ads.

In a today's decision, the U.S. District Court for the Eastern District of Virginia struck down the appeal and delivered an injunction saying that the ruling from March 31 will now be enforced and applicable.

College student newspapers, including the Collegiate Times, are now allowed to sell advertising space showcasing alcohol. More broadly speaking, this decision shows a clear preference of the court to allow a student editor the right to control what goes into his or her publication.

"Educational Media is glad to have the ruling upheld and enforced," said Kelly Wolff, general manager of the Educational Media Company at Virginia Tech, the parent company of the Collegiate Times. Wolff said that it's EMCVT's opinion that all of the content in student publications should be under the discretion of the student editor.

Virginia ABC has 30 days to appeal the ruling.

Leave a comment 11 Comments Write a letter to the editor

Anonymous | # June 20, 2008 @ 2:37 PM — Flag Comment

Get over it ABC. There are kids old enough to drink in college so the college papers should be allowed to advertise it!

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Kyle Minor | # June 20, 2008 @ 3:40 PM — Flag Comment

Some kids are old enough to smoke in High School, should we allow high school newspapers to advertise smoking? I mean, even 'grown up' newspapers can't advertise smoking. . .

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Alan | # June 20, 2008 @ 6:22 PM — Flag Comment

But grown up newspapers can advertise smoking, so your example doesn't necessarily apply.

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Kyle Minor | # June 21, 2008 @ 12:26 AM — Flag Comment

Apologies, I got the specifics of the tobacco advertisement ban incorrect. Tobacco is forbidden from advertising on television, over the radio, and (most recently) on highway billboards. Personally, I think the regulation is patently unconstitutional, even in the case of tobacco. Nonetheless, I'd still urge the CT to use its discretion in terms of utilizing alcohol advertisements . . .

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Hokie Alum | # June 23, 2008 @ 4:27 PM — Flag Comment

I am sure it will use its discretion as there are a number of rules they have to follow. They can't advertise certain alcohols, certain pricing, happy hour things... it's a number of regulations.

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backinblack | # June 24, 2008 @ 12:11 AM — Flag Comment

I don't think so. After reading the order the court found both regulations to be unconstitutional. Those regulations have those exact provisions that you listed. I would imagine the CT may look more like the Daily Athenaeum. I don't really see a problem with allowing this, its not like they're selling crack.

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Hokie Alum. | # June 24, 2008 @ 10:35 AM — Flag Comment

No, look at the attached PDF. All references to mixed beverages are prohibited except certain sayings. You can't say bar or bar room unless it's part of the name of the bar. No reference to happy hour, or any similar term is allowed. Also says it shall not contain any reference to particular brands or prices and must be limited to certain words...

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backinblack | # June 24, 2008 @ 1:17 PM — Flag Comment

I did read the pdf. What your quoting from were the original regulations. Those were the very things being challenged. Both of those regulations were found to be Unconstitutional. As a result the Court issued a Permanent Injunction thus making those regulations null and void . The Order reiterates this (the first page). So unless there is another regulation that bars that ability the CT can do all the things those regulations had prohibited. They can advertise happy hours, drink names, and prices, thus looking like the DA.

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Brad Shapiro | # June 24, 2008 @ 5:16 PM — Flag Comment

backinblack is correct. The injunction was saying that the referenced rules were unconstitutional.

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Hokie Alum | # June 25, 2008 @ 1:03 PM — Flag Comment

Well dang. They are going to be able to make some money from this advertising then and they could use it!

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guenstig uebernachtung in nuernberg buchen | # December 9, 2010 @ 1:54 AM — Flag Comment

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