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90_SB1881
105 ILCS 5/27-23.5 new
Amends the School Code. Provides that public high school
students have the right to exercise freedom of the press and
that expressions contained in a high school newspaper are not
subject to prior restraint except for expressions that are
libelous, obscene or harmful to minors, constitute an
unwarranted invasion of privacy, or incite students to
imminent lawless action. Provides that the governing board
of a school district that publishes a high school newspaper
shall adopt a student freedom of expression policy. Adds
provisions relative to the responsibility of student editors
of high school newspapers and of journalism advisors.
Authorizes injunctive or declaratory relief actions to
enforce rights provided by the amendatory Act, provides that
school districts are not required to have a student newspaper
and are not prohibited from adopting otherwise valid rules
relating to certain oral or other written student materials,
and adds a severability clause.
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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.