| Chapter 318 |
| 2017 -- S 0600 SUBSTITUTE A AS AMENDED Enacted 09/27/2017 |
| A N A C T |
| RELATING TO EDUCATION -- STUDENT JOURNALISTS' FREEDOM OF EXPRESSION ACT |
| Introduced By: Senator Gayle L. Goldin |
| Date Introduced: March 15, 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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| LC002070/SUB A/2 |
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