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SB0729 Engrossed |
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LRB095 10231 NHT 30445 b |
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| AN ACT concerning education.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 1. Short title. This Act may be cited as the |
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| College Campus Press Act. |
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| Section 5. Definitions. For purposes of this Act: |
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| "Campus media" means any matter that is prepared, |
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| substantially written, published, or broadcast by students at |
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| State-sponsored institutions of higher learning, that is |
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| distributed or generally made available, either free of charge |
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| or for a fee, to members of the student body, and that is |
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| prepared under the direction of a student media adviser. |
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| "Campus media" does not include media that is intended for |
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| distribution or transmission solely in the classrooms in which |
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| it is produced. |
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| "Campus policy" means the views and positions of |
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| State-sponsored institutions of higher learning promulgated by |
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| administrators, officials, or other agents of these |
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| institutions. |
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| "Collegiate media adviser" means a person who is employed, |
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| appointed, or designated by the State-sponsored institution of |
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| higher learning to supervise or provide instruction relating to |
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| campus media. |
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SB0729 Engrossed |
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LRB095 10231 NHT 30445 b |
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| "Collegiate student editor" means a student at a |
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| State-sponsored institution of higher learning who edits |
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| information prepared by collegiate student journalists for |
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| dissemination in campus media. |
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| "Collegiate student journalist" means a student at a |
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| State-sponsored institution of higher learning who gathers, |
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| compiles, writes, photographs, records, or prepares |
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| information for dissemination in campus media. |
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| "Prevailing party" includes any party who obtains some of |
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| his or her requested relief through judicial judgment in his or |
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| her favor, who obtains some of his or her requested relief |
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| through a settlement agreement approved by the court, or whose |
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| pursuit of a non-frivolous claim was a catalyst for a |
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| unilateral change in position by the opposing party relative to |
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| the relief sought. |
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| "State-sponsored institution of higher learning" means the |
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| University of Illinois, Southern Illinois University, Chicago |
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| State University, Eastern Illinois University, Governors State |
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| University, Illinois State University, Northeastern Illinois |
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| University, Northern Illinois University, Western Illinois |
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| University, and public community colleges subject to the Public |
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| Community College Act. |
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| Section 10. Public forum. All campus media produced |
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| primarily by students at a State-sponsored institution of |
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| higher learning is a public forum for expression by the student |
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LRB095 10231 NHT 30445 b |
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| journalists and editors at the particular institution. Campus |
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| media, whether campus-sponsored or noncampus-sponsored, is not |
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| subject to prior review by public officials of State-sponsored |
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| institutions of higher learning. |
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| Section 15. Grammar and journalism standards. Collegiate |
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| student editors of campus media are responsible for determining |
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| the news, opinions, feature content, and advertising content of |
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| campus media. This Section does not prevent a collegiate media |
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| adviser from teaching professional standards of grammar and |
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| journalism to collegiate student journalists. A collegiate |
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| media adviser must not be terminated, transferred, removed, |
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| otherwise disciplined, or retaliated against for refusing to |
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| suppress protected free expression rights of collegiate |
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| student journalists and of collegiate student editors. |
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| Section 20. Injunction and declaratory relief. A |
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| collegiate student enrolled in a State-sponsored institution |
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| of higher learning or a collegiate media advisor of a |
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| State-sponsored institution of higher learning may commence a |
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| civil action to obtain appropriate injunctive and declaratory |
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| relief as determined by a court for violation of Section 10 of |
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| this Act by such State-sponsored institution of higher |
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| learning. Upon motion, a court may award attorney's fees to a |
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| prevailing party in a civil action brought under this Section. |
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LRB095 10231 NHT 30445 b |
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| Section 25. Campus policy distinguished. Expression made |
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| by a collegiate student journalist, collegiate student editor, |
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| or other contributor in campus media is not an expression of |
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| campus policy. |
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| Section 30. Unprotected speech. Nothing in this Act |
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| prohibits the imposition of discipline for harassment, |
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| threats, or intimidation, unless constitutionally protected. |
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| Section 97. Severability. The provisions of this Act are |
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| severable under Section 1.31 of the Statute on Statutes.
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| Section 99. Effective date. This Act takes effect upon |
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| becoming law.
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