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Case Detail


Educational Media Co. at Va. Tech, Inc. v. Insley
On September 25, 2013, the U.S. Court of Appeals for the Fourth Circuit declared unconstitutional (under the First Amendment) the Commonwealth of Virginia’s controversial ban on truthful alcohol advertising in college student publications, in a case where a majority of the readers of those publications are adults over the age of twenty-one. The 2-1 decision was a victory for WLF, which filed a brief in the case arguing that the ban violated the First Amendment rights of alcohol manufacturers and distributors to speak truthfully about their products. While acknowledging that states such as Virginia have a strong interest in reducing and discouraging underage consumption and abuse of alcohol, the appeals court agreed with WLF that the First Amendment does not permit the government to use the speech restrictions at issue as the means of achieving those goals. Rather, the Constitution requires that any restriction on truthful speech be no more extensive than necessary to achieve its aims.
Case Status:
Victory.
More Information and Downloads:
11/28/2012: Download the Brief
9/27/2010: Download the Brief

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