1. Home
  2. Browse Decisions
  3. F.3d
  4. 731 F.3d
  5. 731 F.3d 291 (2013)
 

EDUCATIONAL MEDIA CO. AT VIRGINIA TECH, v. INSLEY

No. 12-2183.

731 F.3d 291 (2013)

EDUCATIONAL MEDIA COMPANY AT VIRGINIA TECH, INCORPORATED; Cavalier Daily, Incorporated, The Cavalier Daily, Incorporated, Plaintiffs-Appellants, v. J. Neal INSLEY, Commissioner, Virginia Alcoholic Beverage Control Commission; Sandra C. Canada, Commissioner, Virginia Alcoholic Beverage Control Commission; W. Curtis Coleburn, III, Chief Operating Officer Virginia Department of Alcoholic Beverage Control; Frank Monahan, Director, Law Enforcement Bureau of the Virginia Department of Alcoholic Beverage Control; Bryan M. Rhode, Commissioner, Virginia Alcoholic Beverage Control Commission, Defendants-Appellees. Washington Legal Foundation; Student Press Law Center; College Newspaper Business and Advertising Managers; Thomas Jefferson Center for the Protection of Free Expression; The Media Institute, Amici Supporting Appellants.

United States Court of Appeals, Fourth Circuit.

Decided: September 25, 2013.

Attorney(s) appearing for the Case

ARGUED: Rebecca K. Glenberg , American Civil Liberties Union of Virginia Foundation, Inc., Richmond, Virginia, for Appellants. Catherine Crooks Hill , Office of the Attorney General of Virginia, Richmond, Virginia, for Appellees. ON BRIEF: Frank M. Feibelman , ACLU of Virginia, Richmond, Virginia, for Appellants. Kenneth T. Cuccinelli, II , Attorney General of Virginia, E. Duncan Getchell , Solicitor General of Virginia, Wesley G. Russell, Jr. , Deputy Attorney General, Office of the Attorney General Of Virginia, Richmond, Virginia, for Appellees. Cory L. Andrews , Washington Legal Foundation, Washington, D.C., for Amicus Washington Legal Foundation. Katherine A. Fallow , Carrie F. Apfel , Joshua N. Friedman , Jenner & Block LLP, Washington, D.C.; Frank D. LoMonte , Adam Goldstein , Adam E. Schulman , Student Press Law Center, Arlington, Virginia, for Amici Student Press Law Center and College Newspaper Business and Advertising Managers. J. Joshua Wheeler , Clayton N. Hansen , The Thomas Jefferson Center for the Protection of Free Expression, Charlottesville, Virginia; Bruce D. Brown , Thomas E. Hogan , Baker & Hostetler, Washington, D.C., for Amici The Thomas Jefferson Center for the Protection of Free Expression and The Media Institute.

Reversed by published opinion. Judge THACKER wrote the majority opinion, in which Judge KING joined. Judge SHEDD wrote dissenting opinion.

THACKER, Circuit Judge:

The Virginia Alcoholic Beverage Control Board (the "ABC") prohibits college student newspapers from printing alcohol advertisements. Appellants Educational Media and The Cavalier Daily (hereinafter "Appellants" or the "College Newspapers") are non-profit corporations that own student newspapers at Virginia Polytechnic Institute and State University ("Virginia Tech") and the University of Virginia ("UVA"), respectively. In this action, the College...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases