Educational Media Co. v. Insley, No. 12-2183 (4th Cir. 2013)Annotate this Case
College Newspapers challenged the ABC's ban on alcohol advertisements as violative of the First Amendment. The court concluded that the challenged regulation violated the First Amendment as applied to the College Newspapers where a regulation of commercial speech must satisfy all four Central Hudson Gas & Elec. Corp. v. Pub. Serv. Comm'n of N.Y. prongs in order to survive an as-applied challenge, and the regulation at issue here did not satisfy the fourth prong. The district court erred in concluding that the challenged regulation was appropriately tailored to achieve its objective of reducing abusive college drinking. Accordingly, the court reversed the district court's grant of summary judgment in favor of the ABC.