Finally.
It is the goal of the Educational Media Company at Virginia Tech, the parent company of the Collegiate Times, to ensure that the editorial staffs of student media have complete control over the content they print, produce or broadcast, with the Editor-in-Chief taking full responsibility for everything published in his paper.
The First Amendment to the Constitution reads, "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press …" So it would seem that the First Amendment guarantees an independent publication the right to publish what it chooses.
Lauck ruled both regulations (VAC 5-20-40B and VAC 5-20-40A) unconstitutional because they clearly violate the First Amendment. Regulation VAC 5-20-40B states, "Advertising of beer, wine and mixed beverages … shall not contain any reference to particular brands or prices and shall be limited only to the use of the following words: 'A.B.C. on-premises,' 'beer,' 'wine,' 'mixed beverages,' 'cocktails,' or any combination of these words."
The suit, which has been going on for three years and involved The Cavalier Daily, the student newspaper at UVa, was filed with substantial help from the ACLU.
ABC's chief argument was that alcohol advertising would promote unsafe drinking behavior. Research shows otherwise.
Jon Nelson, an economics professor at Penn State and an expert witness for the plaintiffs, argued that his research over the past 20 years into advertising -- specifically alcohol advertising -- shows that bans, either partial or complete, don't change the demand for alcohol.
Nelson also said that the regulation that prohibited college publications from printing prices or brands does not have the "effect of substantially or materially reducing underage drinking or binge drinking on college campuses in Virginia."
There are other, more effective ways to curtail risky drinking behavior -- education programs that show the dangers of consuming large amounts of alcohol in short periods of time, for example.
There is always a concern about unsafe drinking, especially in a large college atmosphere. While the ruling will allow student media to print alcohol ads, the Collegiate Times will follow the same process it currently does with regard to advertisements. Staff will continue reviewing ads to ensure that they do not promote anything blatantly dangerous (such as binge drinking facilitated by penny pitchers) or distasteful (such as margarita-pitcher-chugging contests).
This ruling puts editorial control back where it belongs: in the hands of editors.
The editorial board is composed of David Harries and Lauren Lee
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