Chapter 229

2017 -- H 5550 SUBSTITUTE A AS AMENDED Enacted 07/18/2017

A N   A C T

RELATING TO EDUCATION -- STUDENT JOURNALISTS' FREEDOM OF EXPRESSION ACT

Introduced By: Representatives O`Grady, Maldonado, Kazarian, Keable, and

Date Introduced: February 16, 2017

It is enacted by the General Assembly as follows:

SECTION 1. Title 16 of the General Laws entitled "EDUCATION" is hereby amended

by adding thereto the following chapter:

CHAPTER 107 109

STUDENT JOURNALISTS' FREEDOM OF EXPRESSION ACT

16-109-1. Short title.

This act shall be known and may be cited as the "Student Journalists' Freedom of

Expression Act".

16-109-2. Definitions.

As used in this section:

(1) "School-sponsored media" means any material that is prepared, substantially written,

published, or broadcast by a student journalist at an institution under the supervision of the

council on elementary and secondary education and the council on postsecondary education, both

public and private, distributed, or generally made available to members of the student body, and

prepared under the direction of a student media advisor. School-sponsored media does not include

content intended for distribution or transmission only in the classroom in which it is produced.

(2) "Student journalist" means a student of an institution under the supervision of the

council on elementary and secondary education and the council on postsecondary education, both

public and private, who gathers, compiles, writes, edits, photographs, records, or prepares

information for dissemination in school-sponsored media.

(3) "Student media advisor" means an individual employed, appointed, or designated by

an institution under the supervision of the council on elementary and secondary education and the

council on postsecondary education, both public and private, to supervise or provide instruction

relating to school-sponsored media.

16-109-3. Student journalists' freedom of expression -- Civil remedy.

(a) Except as provided in subsection (b) of this section, a student journalist has the right

to exercise freedom of speech and of the press in both school-sponsored media and non-school-

sponsored media, regardless of whether the media is supported financially by the school, local

education agency "(LEA)", or uses the facilities of the school or LEA, or produced in conjunction

with a class in which the student is enrolled. Subject to subsection (b) of this section, a student

journalist is responsible for determining the news, opinion, feature, and advertising content of

school-sponsored media. This subsection may not be construed to prevent a student media advisor

from teaching professional standards of English and journalism to student journalists.

(b) This section does not authorize or protect expression by a student that:

(1) Is libelous or slanderous;

(2) Constitutes an unwarranted invasion of privacy;

(3) Violates federal or state law; or

(4) So incites students as to create a clear and present danger of the commission of an

unlawful act, the violation of school district policy, or the material and substantial disruption of

the orderly operation of the institution. Administrators must base a forecast of material and

substantial disruption on specific facts, including past experience in the school and current events

influencing student behavior, and not on undifferentiated fear or apprehension.

(c) Nothing in this section shall be construed as authorizing the publication of an

advertisement in school-sponsored media at an institution under the supervision of the council on

elementary and secondary education that promotes the purchase of a product or service that is

unlawful for purchase or use by minors.

(d) A student journalist may not be disciplined for acting in accordance with subsection

(a) of this section.

(e) A student media advisor may not be dismissed, suspended, disciplined, reassigned,

transferred, or otherwise retaliated against for:

(1) Acting to protect a student journalist engaged in permissible conduct under subsection

(a) of this section; or

(2) Refusing to infringe on conduct that is protected by this chapter or the First

Amendment to the United States Constitution.

(e)(f) Each institution, school, or LEA subject to this chapter may adopt a written student

freedom of expression policy in accordance with this section. The policy must include reasonable

provisions for the time, place, and manner of student expression. For institutions under the

supervision of the council on elementary and secondary education, the policy may also include

limitations to language that may be defined as profane, harassing, threatening, or intimidating.

(f)(g) No expression made by students in the exercise of free speech or free press rights

shall be deemed to be an expression of school policy, and no school officials or school district

shall be held responsible in any civil or criminal action for any expression made or published by

students.

(g)(h) Any student, individually or through a parent or guardian, or student media advisor

may institute proceedings for injunctive or declaratory relief in any court of competent

jurisdiction to enforce the rights provided in this section.

SECTION 2. This act shall take effect upon passage.

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LC001039/SUB A

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