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| Public Act 099-0678 | ||||
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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 Speech | ||||
Rights of Student Journalists Act. | ||||
Section 5. Definitions. As used in this Act: | ||||
"School official" means a school's principal or his or her | ||||
designee." | ||||
"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, the appropriate | ||
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. There shall be no prior | ||
restraint of material prepared for official school | ||
publications except insofar as it violates Section 15 of this | ||
Act. School officials shall have the burden of showing | ||
justification without undue delay prior to a limitation of | ||
student expression under this Act. | ||
Section 15. Exceptions. This Act does not authorize or | ||
protect expression by a student journalist that: | ||
(1) is libelous, slanderous, or obscene; | ||
(2) constitutes an unwarranted invasion of privacy; | ||
(3) violates federal or State law; or | ||
(4) incites students to commit an unlawful act, to | ||
violate policies of the school district, or to materially | ||
and substantially disrupt the orderly operation of the | ||
school. | ||
Section 20. Liability. No expression made by students in | ||
the exercise of freedom of speech or freedom of the press shall | ||
be deemed to be an expression of school policy, and no school | ||
district or employee or parent, legal guardian, or official of | ||
the school district shall be held liable in any civil or | ||
criminal action for any expression made or published by | ||
students, except in cases of willful or wanton misconduct.
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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