HB4560 102ND GENERAL ASSEMBLY

LRB102 23993 CMG 33199 b

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.

A BILL FOR

AN ACT concerning education.

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

Section 5. The Speech Rights of Student Journalists Act is amended by adding Sections 7, 13, and 17 as follows:

(105 ILCS 80/7 new)

Sec. 7. School policy. Each school board shall adopt a written policy for the right of student journalists to exercise the freedoms of speech and the press in school-sponsored media in accordance with this Act. The policy must include:

(1) reasonable provisions for the time, place, and manner of distribution of student expression; and

(2) a provision allowing for the timely appeal within the school district of decisions made pursuant to this Act.

(105 ILCS 80/13 new)

Sec. 13. Adviser protection. A student media adviser may not be dismissed, suspended, disciplined, reassigned, transferred, or otherwise retaliated against for:

(1) refusing to infringe on conduct that is protected under this Act or the First Amendment to the United States Constitution; or

(2) acting to protect a student journalist engaged in permissible conduct under this Act or the First Amendment to the United States Constitution.

(105 ILCS 80/17 new)

Sec. 17. Injunctive and declaratory relief. Any student, parent or guardian of a student, or student media adviser may institute proceedings for injunctive or declaratory relief in any court of competent jurisdiction to enforce the rights provided in this Act. Nothing in this Section shall be construed to create a private right of action on behalf of a student other than to seek injunctive or declaratory relief allowing the publication of the speech in question. A prevailing plaintiff may be awarded reasonable attorney's fees as the court may allow.