In 2008, Samantha K Graff published an article in the Annals of the American Academy of Political and Social Science regarding the "First Amendment Implications of Restricting Food and Beverages Marketing in Schools". The article examines a school district's policy regarding limiting the sale and marketing of soda in public schools, and how certain policies can invoke a violation of the First Amendment. Due to district budget cuts and loss in state funding, many school districts allow commercial businesses to market and advertise their product (including junk food and soda) to public school students for additional revenue. Junk food and soda companies have acquired exclusive rights to vending machines throughout many public school campuses. Opponents of corporate marketing and advertising on school grounds urge school officials to restrict or limit a corporation's power to promote, market, and sell their product to school students. In the 1970s, the Supreme Court ruled that advertising was not a form of free expression, but a form of business practices which should be regulated by the government. In the 1976 case of Virginia State Board of Pharmacy v. Virginia Citizens Consumer Council,[68] the Supreme Court ruled that advertising, or "commercial speech", to some degree is protected under the First Amendment. To avoid a First Amendment challenge by corporations, public schools could create contracts that restrict the sale of certain product and advertising. Public schools can also ban the selling of all food and drink products on campus, while not infringing on a corporation's right to free speech.[69]
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