HB5902 99TH GENERAL ASSEMBLY

LRB099 20463 MLM 44969 b

99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB5902

Introduced , by Rep. Will Guzzardi

SYNOPSIS AS INTRODUCED:

New Act

Creates the Speech Rights of Student Journalists Act. Defines "student journalist" as a public high school student. Provides that a student journalist has the right to exercise freedom of speech and of the press in school-sponsored media, regardless of whether the media is supported financially by the school district or by use of school facilities or produced in conjunction with a class in which the student is enrolled. Provides that a student journalist is responsible for determining the news, opinion, feature, and advertising content of school-sponsored media. Provides that the Act does not authorize or protect expression by a student journalist 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 policies of the school district, or the material and substantial disruption of the orderly operation of the school. Provides that an employee of a school district shall not be dismissed, suspended, disciplined, reassigned, transferred, or otherwise retaliated against solely for acting to protect a student journalist engaged in conduct authorized under the Act. Effective immediately.

A BILL FOR

AN ACT concerning education.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Speech Rights of Student Journalists Act.

Section 5. Definitions. As used in this Act:

"School-sponsored media" means any material that is prepared, substantially written, published, or broadcast by a student journalist at a public school, distributed or generally made available to members of the student body, and prepared under the direction of a student media adviser. School-sponsored media does not include media intended for distribution or transmission solely in the classroom in which the media is produced.

"Student journalist" means a public high school student who gathers, compiles, writes, edits, photographs, records, or prepares information for dissemination in school-sponsored media.

"Student media adviser" means an individual employed, appointed, or designated by a school district to supervise or provide instruction relating to school-sponsored media.

Section 10. Free speech. Except as otherwise provided in Section 15 of this Act, a student journalist has the right to exercise freedom of speech and of the press in school-sponsored media, regardless of whether the media is supported financially by the school district or by use of school facilities or produced in conjunction with a class in which the student is enrolled. Subject to Section 15 of this Act, a student journalist is responsible for determining the news, opinion, feature, and advertising content of school-sponsored media. This Section shall not be construed to prevent a student media adviser from teaching professional standards of English and journalism to student journalists.

Section 15. Exceptions. This Act does not authorize or protect expression by a student journalist 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 policies of the school district, or the material and substantial disruption of the orderly operation of the school.

Section 20. Protections for authorized conduct. An employee of a school district shall not be dismissed, suspended, disciplined, reassigned, transferred, or otherwise retaliated against solely for acting to protect a student journalist engaged in conduct authorized under this Act or refusing to infringe upon conduct that is protected by this Act, the First Amendment to the United States Constitution, or Section 4 of Article I of the Illinois Constitution.

Section 99. Effective date. This Act takes effect upon becoming law.