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| [ Introduced ] | [ Enrolled ] | [ House Amendment 001 ] |
90_HB0154eng
105 ILCS 5/27-23.5 new
Amends the School Code. Gives public school students the
right to exercise freedom of speech and freedom of the press
through publication and distribution of expression in
publications that are school sponsored, whether or not the
publications are supported financially by the school, by the
use of school facilities, or are produced in conjunction with
a class. Limits certain types of expression such as
expression that incites students to imminent lawless action.
Makes student editors of school-sponsored publications
responsible for determining the content of the publications
subject to prescribed limitations and standards. Requires
school boards to adopt a freedom of expression policy.
Protects school districts and officials that have not
interfered with or altered the content of student expression
from civil or criminal liability for expressions made or
published by students. Authorizes actions for injunctive or
declaratory relief to enforce freedom of expression rights.
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1 AN ACT to amend the School Code by adding Section
2 27-23.5.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The School Code is amended by adding Section
6 27-23.5 as follows:
7 (105 ILCS 5/27-23.5 new)
8 Sec. 27-23.5. Student publications.
9 (a) The General Assembly declares that public high
10 school students shall have the right to exercise freedom of
11 the press, and no expression contained in a high school
12 student newspaper, whether or not such high school newspaper
13 is school-sponsored, is supported financially by the school
14 or by the use of school facilities, or is produced in
15 conjunction with a class, shall be subject to prior restraint
16 except for the types of expression described in subsection
17 (c) of this Section.
18 (b) Each governing board of a school district that
19 publishes a high school student newspaper shall adopt rules
20 and regulations in the form of a written student freedom of
21 expression policy in accordance with this Section that shall
22 include reasonable provisions for the time, place, and manner
23 of student expression and that shall be made available to all
24 students.
25 (c) Student freedom of expression policies shall
26 recognize that truth, fairness, accuracy, research, and
27 responsibility are essential to the practice of journalism.
28 Nothing in this Section shall be interpreted to authorize the
29 publication by students of the following:
30 (1) expression which is libelous as defined by
31 State law;
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1 (2) expression which is obscene or harmful to
2 minors;
3 (3) expression which constitutes an unwarranted
4 invasion of privacy;
5 (4) expression which so incites students as to
6 cause imminent lawless action, including the violation of
7 lawful school regulations or the disruption of the
8 orderly operation of the school.
9 (d) Student editors of school-sponsored high school
10 student newspapers shall be responsible for determining the
11 news, opinion, and advertising content of their publications
12 subject to the limitations of this Section. The
13 responsibilities of a journalism advisor of student
14 publications shall include but not be limited to supervising
15 the production of the school-sponsored high school student
16 newspaper, maintaining professional standards of English and
17 journalism, and maintaining the provisions of this Section.
18 (e) Any student, through a parent or guardian, may
19 institute proceedings for injunctive or declaratory relief in
20 the circuit court to enforce the rights provided in this
21 Section.
22 (f) Nothing in this Section shall be construed to
23 require a school district to have a student newspaper.
24 Further, the provisions of this Section do not prohibit a
25 board of directors of a public school from adopting otherwise
26 valid rules relating to oral communications or distribution
27 of leaflets or other materials by students upon the premises
28 of each school.
29 (g) If any provision of this Section or the application
30 thereof to any person or circumstances is held invalid, such
31 invalidity shall not affect other provisions or applications
32 of the Section which can be given effect without the invalid
33 provision or application, and to this end the provisions of
34 this Section are declared to be severable.