Va. Student Newspapers Triumph Over Booze Ad Prohibition

Law360, New York (September 25, 2013, 6:06 PM EDT) -- The Fourth Circuit on Wednesday struck down Virginia’s prohibition on alcohol advertisements in college newspapers, saying the state can't keep truthful marketing from legal drinkers.

In a 2-1 decision, the appeals court said that the law promulgated by the state’s Department of Alcoholic Beverage Control to fight underage drinking on campus violated the First Amendment under the constitutionality test outlined in the U.S. Supreme Court’s 1980 Central Hudson Gas and Electric Corp. v. Public Service Commission decision.

Under Central Hudson, a regulation restricting commercial speech must...
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