United States Fourth Circuit

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Educational Media Co. v. Swecker, 08-1798

In an action brought by college newspapers alleging that two of Virginia's Alcoholic Beverage Control Board's regulations restricting alcohol advertisements violate their First Amendment rights, summary judgment declaring both provisions facially unconstitutional and permanently enjoining their enforcement is reversed and remanded where, on its face, the Board's ban on alcoholic advertisements in college student publications passes muster under Central Hudson Gas & Elec. Corp. v. Public Serv. Comm'n of New York, 447 U.S. 557 (1980).

Appellate Information

  • Argued 10/29/2009
  • Decided 04/09/2010
  • Published 04/09/2010

Judges

  • Before SHEDD, Circuit Judge, HAMILTON, Senior Circuit Judge, and NORMAN K. MOON, United States District Judge for the Western District of Virginia, sitting by designation.

Court

  • United States Fourth Circuit

Counsel

  • For Appellees:
  • ARGUED: Catherine Crooks Hill, Office of the Attorney General of Virginia, Richmond, Virginia, for Appellants. Rebecca Kim Glenberg, American Civil Liberties Union Foundation of Virginia, Richmond, Virginia, for Appellees. ON BRIEF:William C. Mims, Attorney General, Stephen R. McCullough, Solicitor General of Virginia, Maureen Riley Matsen, Deputy Attorney General, Office of the Attorney General of Virginia, Richmond, Virginia, for Appellants. Frank M. Feibelman, Cooperating Attorney, Aclu of Virginia, Richmond, Virginia, for Appellees. J. Joshua Wheeler, Robert M. O'Neil, The Thomas Jefferson Center for the Protection of Free Expression, Charlottesville, Virginia, for the Thomas Jefferson Center for the Protection of Free Expression, Amicus Supporting Appellees. Katherine A. Fallow, Carrie F. Apfel, Garrett A. Levin, Jenner & Block, LLP, Washington, DC; Frank D. LoMonte, Michael C. Hiestand, Student Press Law Center, Arlington, Virginia, for Student Press Law Center and College Newspaper Business and Advertising Managers, Amici Supporting Appellees.