EDUCATIONAL MEDIA COMPANY AT VIRGINIA TECH, INCORPORATED; Cavalier Daily, Incorporated, The Cavalier Daily, Incorporated, Plaintiffs-Appellees,
v.
Susan R. SWECKER, Commissioner, Virginia Alcoholic Beverage Control Commission; Pamela O'Berry Evans, 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; Esther H. Vassar, Commissioner, Virginia Alcoholic Beverage Control Commission, Defendants-Appellants.
Thomas Jefferson center for the Protection of Free Expression; Student Press Law Center; College Newspaper Business and Advertising Managers, Amici Supporting Appellees.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
Argued: October 29, 2009.
Decided: April 9, 2010.
Corrected Opinion Filed: April 19, 2010.
Attorney(s) appearing for the Case
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.
Reversed and remanded by published opinion. Judge SHEDD wrote the majority opinion, in which Senior Judge HAMILTON joined. Judge MOON wrote a dissenting opinion.
United States Court of Appeals, Fourth Circuit.
OPINION
SHEDD, Circuit Judge:
The Commonwealth of Virginia, through its Alcoholic Beverage Control Board ("the Board"), regulates advertisements for alcohol. In this action, Educational Media Company at Virginia Tech (The Collegiate Times) and The Cavalier Daily, Inc. (The Cavalier Daily) (collectively, "the college newspapers") argue that two of the Board's regulations restricting alcohol advertisements (3 Va. Admin. Code §§ 5-20...
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