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.


LRB099 20463 MLM 44969 b

 

 

A BILL FOR

 

HB5902LRB099 20463 MLM 44969 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 1. Short title. This Act may be cited as the Speech
5Rights of Student Journalists Act.
 
6    Section 5. Definitions. As used in this Act:
7    "School-sponsored media" means any material that is
8prepared, substantially written, published, or broadcast by a
9student journalist at a public school, distributed or generally
10made available to members of the student body, and prepared
11under the direction of a student media adviser.
12School-sponsored media does not include media intended for
13distribution or transmission solely in the classroom in which
14the media is produced.
15    "Student journalist" means a public high school student who
16gathers, compiles, writes, edits, photographs, records, or
17prepares information for dissemination in school-sponsored
18media.
19    "Student media adviser" means an individual employed,
20appointed, or designated by a school district to supervise or
21provide instruction relating to school-sponsored media.
 
22    Section 10. Free speech. Except as otherwise provided in

 

 

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1Section 15 of this Act, a student journalist has the right to
2exercise freedom of speech and of the press in school-sponsored
3media, regardless of whether the media is supported financially
4by the school district or by use of school facilities or
5produced in conjunction with a class in which the student is
6enrolled. Subject to Section 15 of this Act, a student
7journalist is responsible for determining the news, opinion,
8feature, and advertising content of school-sponsored media.
9This Section shall not be construed to prevent a student media
10adviser from teaching professional standards of English and
11journalism to student journalists.
 
12    Section 15. Exceptions. This Act does not authorize or
13protect expression by a student journalist that:
14        (1) is libelous or slanderous;
15        (2) constitutes an unwarranted invasion of privacy;
16        (3) violates federal or State law; or
17        (4) so incites students as to create a clear and
18    present danger of the commission of an unlawful act, the
19    violation of policies of the school district, or the
20    material and substantial disruption of the orderly
21    operation of the school.
 
22    Section 20. Protections for authorized conduct. An
23employee of a school district shall not be dismissed,
24suspended, disciplined, reassigned, transferred, or otherwise

 

 

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1retaliated against solely for acting to protect a student
2journalist engaged in conduct authorized under this Act or
3refusing to infringe upon conduct that is protected by this
4Act, the First Amendment to the United States Constitution, or
5Section 4 of Article I of the Illinois Constitution.
 
6    Section 99. Effective date. This Act takes effect upon
7becoming law.