The Virginia chapter of the American Civil Liberites Union (ACLU) has petitioned the U.S. Supreme Court to review a ruling by the 4th U.S. District Court of Appeals which held that the Virginia Alcoholic Beverage Control Commission ban on alcohol advertising in Virginia’s college newspapers is constitutional. The appellate court found that the ban is minimally restrictive approach to combat problem drinking.
The strict scrutiny standard of review applies to classifications that are alleged to violate constitutional rights to equal protection of the laws. The strict scrutiny standard is the most thorough analysis. The purpose, objective, or interest being pursued by the government must be “compelling”. Also, the means to achieve the purpose, objective, or interest is reviewed to determine if it is “narrowly tailored” to the accomplishment of the governmental purpose, objective, or interest. There must not be any less restrictive means that would accomplish the government’s objective just as well.
Because of the important First Amendment free speech rights involved, to withstand judicial scrutiny, the ban must be narrowly tailored to advance the government’s interest in preventing problem drinking. The ACLU said the ban doesn’t meet that standard because there is no evidence that banning the ads diminishes underage or binge drinking on campus. The ACLU argued that most readers of the University of Virginia and Virginia Tech newspapers — graduate students, faculty and staff — are 21 or older. It also said the government cannot justify targeting student newspapers when other publications available on campus are allowed to run liquor ads
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