Collegiate Times

College papers may now list specific brands and prices in ads.

In a ruling on June 19, the U.S. District court of Eastern Virginia in Richmond upheld a March 31 injuction that it was unconstitutional for the government to ban most alcohol-related advertisements in print and electronic media. Up until now, any college-oriented publication, including the Collegiate Times, was prohibited to print prices, refer to specific brands or include the term, "happy hour."

Related: Ruling

U.S. Magistrate Judge M. Hannah Lauck ruled that the regulations enforced by the Virginia Department of Alcoholic Beverage Control, which prevented the printing and selling of alcohol-related advertisements, violated the First Amendment.

Because of the injunction, any student-run publication is now allowed to advertise specific alcoholic drinks, including margaritas, shots, mixed drinks and beers. Along with the various drink specials, local restaurants may publicize their happy hour times or similar references to hour(s) when they charge a lower price for alcohol. The advertisements may also include the brand names of the alcohol maker, including the exact prices of different alcoholic drinks.

"Being one of the older restaurants in Blacksburg, we have more of a history than some of the other restaurants here. Most of our advertising is really just word of mouth," said Ryan Ruggero, the general manager of TOTS. "However, I think being able to advertise through the school newspaper would definitely help reach new horizons."

Chris Konschak, who works with the Mothers Against Drunk Driving and is the executive director for the Virginia and D.C. area, feels differently about the matter.

"I am concerned with the court's ruling in advertising alcohol specifically to college students," Konschak said. "(This law) sends a mixed message to college students, who for the majority are underage. There are so many strong efforts in the country that are being made to reduce the amount of advertising of alcohol to the underage, and this just sets us back."

The suit that influenced this amendment to the law, had originally been brought by Educational Media Company at Virginia Tech.

EMCVT was joined in the suit by The Cavalier Daily, the student newspaper at UVa.

Together the two had been working for more than three years to allow more student freedom and control over the college newspapers. The ACLU provided substantial assistance in the suit.

"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.

These two regulations in question were regulation VAC 5-20-40 (A), which pertains to all print and electronic media, and regulation VAC 5-20-40 (B)3, which deals with advertisements in college publications.

Prior to the injunction, the regulations by the ABC, restricted any publication to advertise with certain words including "happy hour," "bar," or "speakeasy." In the memorandum opinion in the analysis section, the court raised the issue of specific wording.

"This court cannot ignore the fact that the term speakeasy retains meaning only within the context of prohibition. A place selling alcohol illegally would not be called a "speakeasy" in 2008 anymore than an unconventional woman would be called a flapper."

All publications are still unable to advertise bottlers, manufacturers, importers, wholesalers of hard alcohol (greater than 14 percent) without very precise wording.

ABC had 30 days from June 19 to appeal the ruling.