Third year law student, Anthony Michael Kreis, recently had his article that reviewed the Fourth Circuit case, Educational Media Co. at Virginia Tech Inc. v. Swecker, accepted by the South Carolina Law Review, 62 S.C. L. Rev. 533 (2011), for its annual Fourth Circuit Survey.
Virginia’s Alcohol Beverage Control Board is charged with promulgating regulations governing the possession, transportation, distribution, and sale of alcohol in the Virginia. In keeping with its mandate, the Board banned alcohol advertisements in any “college student publication”– a publication distributed to or aimed at a community primarily under 21 years of age. Losing thousands of dollars in potential revenue, newspapers at the University of Virginia and Virginia Tech brought suit against Virginia arguing the Board’s ban violated the First Amendment. The case was appealed to Fourth Circuit Court of Appeals after the newspapers’ successful challenge in district court. The Fourth Circuit reversed finding that the ban did not violate the First Amendment. Kreis reviews the doctrinal underpinnings of the majority and minority opinions. He then provides additional commentary on why the Fourth Circuit’s treatment of the claim possibly caused a split with the Third Circuit Court of Appeals and why the United States Supreme Court denied certiorari.
Congratulations to Anthony on this exceptional publication.