Public Act 095-0580
 		





SB0729 Enrolled
LRB095 10231 NHT 30445 b






    AN ACT concerning education.

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


 
    Section 1. Short title. This Act may be cited as the 
College Campus Press Act.
 
    Section 5. Definitions.  For purposes of this Act:
    "Campus media" means any matter that is prepared, 
substantially written, published, or broadcast by students at 
State-sponsored institutions of higher learning, that is 
distributed or generally made available, either free of charge 
or for a fee, to members of the student body, and that is 
prepared under the direction of a student media adviser. 
"Campus media" does not include media that is intended for 
distribution or transmission solely in the classrooms in which 
it is produced.
    "Campus policy" means the views and positions of 
State-sponsored institutions of higher learning promulgated by 
administrators, officials, or other agents of these 
institutions.
    "Collegiate media adviser" means a person who is employed, 
appointed, or designated by the State-sponsored institution of 
higher learning to supervise or provide instruction relating to 
campus media.
    "Collegiate student editor" means a student at a 
State-sponsored institution of higher learning who edits 
information prepared by collegiate student journalists for 
dissemination in campus media.
    "Collegiate student journalist" means a student at a 
State-sponsored institution of higher learning who gathers, 
compiles, writes, photographs, records, or prepares 
information for dissemination in campus media.
    "Prevailing party" includes any party who obtains some of 
his or her requested relief through judicial judgment in his or 
her favor, who obtains some of his or her requested relief 
through a settlement agreement approved by the court, or whose 
pursuit of a non-frivolous claim was a catalyst for a 
unilateral change in position by the opposing party relative to 
the relief sought.
    "State-sponsored institution of higher learning" means the 
University of Illinois, Southern Illinois University, Chicago 
State University, Eastern Illinois University, Governors State 
University, Illinois State University, Northeastern Illinois 
University, Northern Illinois University, Western Illinois 
University, and public community colleges subject to the Public 
Community College Act.
 
    Section 10. Public forum.  All campus media produced 
primarily by students at a State-sponsored institution of 
higher learning is a public forum for expression by the student 
journalists and editors at the particular institution.  Campus 
media, whether campus-sponsored or noncampus-sponsored, is not 
subject to prior review by public officials of a 
State-sponsored institution of higher learning.
 
    Section 15. Grammar and journalism standards.  Collegiate 
student editors of campus media are responsible for determining 
the news, opinions, feature content, and advertising content of 
campus media.  This Section does not prevent a collegiate media 
adviser from teaching professional standards of grammar and 
journalism to collegiate student journalists.  A collegiate 
media adviser must not be terminated, transferred, removed, 
otherwise disciplined, or retaliated against for refusing to 
suppress protected free expression rights of collegiate 
student journalists and of collegiate student editors.
 
    Section 20. Injunction and declaratory relief.  A 
collegiate student enrolled in a State-sponsored institution 
of higher learning or a collegiate media advisor of a 
State-sponsored institution of higher learning may commence a 
civil action to obtain appropriate injunctive and declaratory 
relief as determined by a court for violation of Section 10 of 
this Act by such State-sponsored institution of higher 
learning.  Upon motion, a court may award attorney's fees to a 
prevailing party in a civil action brought under this Section.
 
    Section 25. Campus policy and speech distinguished.  
Expression made by a collegiate student journalist, collegiate 
student editor, or other contributor in campus media is neither 
an expression of campus policy nor speech attributable to a 
State-sponsored institution of higher learning.
 
    Section 30. Discipline;  unprotected speech.  Nothing in 
this Act prohibits the imposition of discipline for harassment, 
threats, or intimidation, unless constitutionally protected, 
or for speech that is not constitutionally protected, including 
obscenity or incitement.
 
    Section 35. Immunity. A State-sponsored institution of 
higher learning shall be immune from any lawsuit arising from 
expression actually made in campus media, with the exception of 
the institution's own expression.
 
    Section 97. Severability. The provisions of this Act are 
severable under Section 1.31 of the Statute on Statutes.





Effective Date:  6/1/2008