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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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    "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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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 a 
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State-sponsored institution 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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    Section 25. Campus policy and speech distinguished.  
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Expression made by a collegiate student journalist, collegiate 
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student editor, or other contributor in campus media is neither 
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an expression of campus policy nor speech attributable to a 
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State-sponsored institution of higher learning.
 
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    Section 30. Discipline;  unprotected speech.  Nothing in 
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this Act prohibits the imposition of discipline for harassment, 
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threats, or intimidation, unless constitutionally protected, 
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or for speech that is not constitutionally protected, including 
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obscenity or incitement.
 
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    Section 35. Immunity. A State-sponsored institution of 
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higher learning shall be immune from any lawsuit arising from 
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expression actually made in campus media, with the exception of 
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the institution's own expression.
 
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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.