SB1988eng 104TH GENERAL ASSEMBLY

SB1988 Engrossed LRB104 12135 LNS 22234 b

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 which has been produced by an entity receiving public funding and which has a license or other agreement with a State-sponsored institution of higher learning to use that institution's resources for the purposes of producing 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 media, including journalists and editors, at the particular institution of higher learning. Public media produced at a State-sponsored institution of higher learning shall not be subject to prior review by public officials of a 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. Either: (1) A collegiate student enrolled in a State-sponsored institution of higher learning; (2) or a collegiate media advisor of a State-sponsored institution of higher learning; or (3) an employee working for or an agent of an entity creating 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 producing 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 made by 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.)