Illinois General Assembly - Full Text of HB4560
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Full Text of HB4560  102nd General Assembly

HB4560 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB4560

 

Introduced 1/21/2022, by Rep. Will Guzzardi and Daniel Didech

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 80/7 new
105 ILCS 80/13 new
105 ILCS 80/17 new

    Amends the Speech Rights of Student Journalists Act. Requires each school board to adopt a written policy for the right of student journalists to exercise the freedoms of speech and the press in school-sponsored media. Sets forth specific requirements for the policy. Prohibits the dismissal, suspension, discipline, reassignment, or transfer of or other retaliation against a student media adviser for (i) refusing to infringe on conduct or (ii) acting to protect a student journalist engaged in conduct that is protected under the Act or the First Amendment to the United States Constitution. Sets forth provisions concerning injunctive and declaratory relief.


LRB102 23993 CMG 33199 b

 

 

A BILL FOR

 

HB4560LRB102 23993 CMG 33199 b

1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Speech Rights of Student Journalists Act is
5amended by adding Sections 7, 13, and 17 as follows:
 
6    (105 ILCS 80/7 new)
7    Sec. 7. School policy. Each school board shall adopt a
8written policy for the right of student journalists to
9exercise the freedoms of speech and the press in
10school-sponsored media in accordance with this Act. The policy
11must include:
12        (1) reasonable provisions for the time, place, and
13    manner of distribution of student expression; and
14        (2) a provision allowing for the timely appeal within
15    the school district of decisions made pursuant to this
16    Act.
 
17    (105 ILCS 80/13 new)
18    Sec. 13. Adviser protection. A student media adviser may
19not be dismissed, suspended, disciplined, reassigned,
20transferred, or otherwise retaliated against for:
21        (1) refusing to infringe on conduct that is protected
22    under this Act or the First Amendment to the United States

 

 

HB4560- 2 -LRB102 23993 CMG 33199 b

1    Constitution; or
2        (2) acting to protect a student journalist engaged in
3    permissible conduct under this Act or the First Amendment
4    to the United States Constitution.
 
5    (105 ILCS 80/17 new)
6    Sec. 17. Injunctive and declaratory relief. Any student,
7parent or guardian of a student, or student media adviser may
8institute proceedings for injunctive or declaratory relief in
9any court of competent jurisdiction to enforce the rights
10provided in this Act. Nothing in this Section shall be
11construed to create a private right of action on behalf of a
12student other than to seek injunctive or declaratory relief
13allowing the publication of the speech in question. A
14prevailing plaintiff may be awarded reasonable attorney's fees
15as the court may allow.