| ||||
| Public Act 104-0488 | ||||
| ||||
AN ACT concerning education. | ||||
Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly: | ||||
Section 5. The College Campus Press Act is amended by | ||||
changing Sections 5, 10, 20, 25, and 35 as follows: | ||||
(110 ILCS 13/5) | ||||
Sec. 5. Definitions. For purposes of this Act: | ||||
"Campus media" means any matter that is prepared, | ||||
substantially written, published, or broadcast by students at | ||||
State-sponsored institutions of higher learning, that is | ||||
distributed or generally made available, either free of charge | ||||
or for a fee, to members of the student body, and that is | ||||
prepared under the direction of a student media adviser. | ||||
"Campus media" does not include media that is intended for | ||||
distribution or transmission solely in the classrooms in which | ||||
it is produced. | ||||
"Campus policy" means the views and positions of | ||||
State-sponsored institutions of higher learning promulgated by | ||||
administrators, officials, or other agents of these | ||||
institutions. | ||||
"Collegiate media adviser" means a person who is employed, | ||||
appointed, or designated by the State-sponsored institution of | ||||
higher learning to supervise or provide instruction relating | ||||
to campus media. | ||
"Collegiate student editor" means a student at a | ||
State-sponsored institution of higher learning who edits | ||
information prepared by collegiate student journalists for | ||
dissemination in campus media. | ||
"Collegiate student journalist" means a student at a | ||
State-sponsored institution of higher learning who gathers, | ||
compiles, writes, photographs, records, or prepares | ||
information for dissemination in campus media. | ||
"Prevailing party" includes any party who obtains some of | ||
his or her requested relief through judicial judgment in his | ||
or her favor, who obtains some of his or her requested relief | ||
through a settlement agreement approved by the court, or whose | ||
pursuit of a non-frivolous claim was a catalyst for a | ||
unilateral change in position by the opposing party relative | ||
to the relief sought. | ||
"Public media produced at a State-sponsored institution of | ||
higher learning" means media created and distributed in print | ||
or audiovisual format that has been produced by an entity | ||
receiving public funding and that has a license or other | ||
agreement with a State-sponsored institution of higher | ||
learning to use that institution's resources for the purposes | ||
of creating or distributing the media for which the entity | ||
receives public funding. | ||
"State-sponsored institution of higher learning" means the | ||
University of Illinois, Southern Illinois University, Chicago | ||
State University, Eastern Illinois University, Governors State | ||
University, Illinois State University, Northeastern Illinois | ||
University, Northern Illinois University, Western Illinois | ||
University, and public community colleges subject to the | ||
Public Community College Act. | ||
(Source: P.A. 95-580, eff. 6-1-08.) | ||
(110 ILCS 13/10) | ||
Sec. 10. Public forum. | ||
(a) All campus media produced primarily by students at a | ||
State-sponsored institution of higher learning is a public | ||
forum for expression by the student journalists and editors at | ||
the particular institution. Campus media, whether | ||
campus-sponsored or noncampus-sponsored, is not subject to | ||
prior review by public officials of a State-sponsored | ||
institution of higher learning. | ||
(b) All public media produced at a State-sponsored | ||
institution of higher learning is a public forum for | ||
expression by the employees producing the media, including | ||
journalists and editors, at the institution of higher | ||
learning. Public media produced at a State-sponsored | ||
institution of higher learning is not subject to prior review | ||
by public officials of the State-sponsored institution of | ||
higher learning. | ||
(Source: P.A. 95-580, eff. 6-1-08.) | ||
(110 ILCS 13/20) | ||
Sec. 20. Injunction and declaratory relief. A collegiate | ||
student enrolled in a State-sponsored institution of higher | ||
learning, or a collegiate media advisor of a State-sponsored | ||
institution of higher learning, or an employee or agent of an | ||
entity creating or distributing public media produced at a | ||
State-sponsored institution of higher learning may commence a | ||
civil action to obtain appropriate injunctive and declaratory | ||
relief as determined by a court for violation of Section 10 of | ||
this Act by such State-sponsored institution of higher | ||
learning. Upon motion, a court may award attorney's fees to a | ||
prevailing party in a civil action brought under this Section. | ||
(Source: P.A. 95-580, eff. 6-1-08.) | ||
(110 ILCS 13/25) | ||
Sec. 25. Campus policy and speech distinguished. | ||
Expression made by a collegiate student journalist, collegiate | ||
student editor, employee or agent of an entity creating or | ||
distributing public media produced at a State-sponsored | ||
institution of higher learning, or other contributor in campus | ||
media or public media produced at a State-sponsored | ||
institution of higher learning is neither an expression of | ||
campus policy nor speech attributable to a State-sponsored | ||
institution of higher learning. | ||
(Source: P.A. 95-580, eff. 6-1-08.) | ||
(110 ILCS 13/35) | ||
Sec. 35. Immunity. A State-sponsored institution of higher | ||
learning shall be immune from any lawsuit arising from | ||
expression actually made in campus media or public media | ||
produced at a State-sponsored institution of higher learning, | ||
with the exception of the institution's own expression. | ||
(Source: P.A. 95-580, eff. 6-1-08.) | ||