2016 -- S 2899

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LC005648

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2016

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A N   A C T

RELATING TO EDUCATION -- STUDENT JOURNALISTS' FREEDOM OF EXPRESSION

ACT

     

     Introduced By: Senators Goldin, Satchell, DiPalma, Miller, and Jabour

     Date Introduced: April 07, 2016

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Title 16 of the General Laws entitled "EDUCATION" is hereby amended

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by adding thereto the following chapter:

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CHAPTER 106

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STUDENT JOURNALISTS' FREEDOM OF EXPRESSION ACT

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     16-106-1. Short title. -- This act shall be known and may be cited as the "Student

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Journalists' Freedom of Expression Act".

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     16-106-2. Definitions. -- As used in this section:

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     (1) "School-sponsored media" means any material that is prepared, substantially written,

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published, or broadcast by a student journalist at an institution under the supervision of the Rhode

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Island council on post-secondary education, distributed, or generally made available to members

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of the student body, and prepared under the direction of a student media advisor.

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     (2) "Student journalist" means a student of an institution under the supervision of the

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Rhode Island council on post-secondary education who gathers, compiles, writes, edits,

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photographs, records, or prepares information for dissemination in school-sponsored media.

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     (3) "Student media advisor" means an individual employed, appointed, or designated by

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an institution under the supervision of the Rhode Island council on post-secondary education to

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supervise or provide instruction relating to school-sponsored media.

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     16-106-3. Student journalists' freedom of expression -- Civil remedy. -- (a) Except as

 

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provided in subsection (b) of this section, a student journalist has the right to exercise freedom of

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speech and of the press in both school-sponsored media and non-school-sponsored media,

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regardless of whether the media is supported financially by the school, local education agencies

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(LEA), or uses the facilities of the school or LEA, or produced in conjunction with a class in

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which the student is enrolled. Subject to subsection (b) of this section, a student journalist is

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responsible for determining the news, opinion, feature, and advertising content of school-

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sponsored media. This subsection may not be construed to prevent a student media advisor from

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teaching professional standards of English and journalism to student journalists.

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     (b) This section does not authorize or protect expression by a student that:

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     (1) Is libelous or slanderous;

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     (2) Constitutes an unwarranted invasion of privacy;

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     (3) Violates federal or state law; or

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     (4) So incites students as to create a clear and present danger of the commission of an

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unlawful act, the violation of school district policy, or the material and substantial disruption of

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the orderly operation of the institution. Administrators must base a forecast of material and

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substantial disruption on specific facts, including past experience in the school and current events

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influencing student behavior, and not on undifferentiated fear or apprehension.

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     (c) A student journalist may not be disciplined for acting in accordance with subsection

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(a) of this section.

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     (d) A student media advisor may not be dismissed, suspended, disciplined, reassigned,

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transferred, or otherwise retaliated against for:

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     (1) Acting to protect a student journalist engaged in conduct under subsection (a) of this

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section; or

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     (2) Refusing to infringe on conduct that is protected by this chapter or the First

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Amendment to the United States Constitution.

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     (e) Each institution, school or LEA subject to this statute may adopt a written student

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freedom of expression policy in accordance with this section. The policy must include reasonable

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provisions for the time, place, and manner of student expression. The policy may also include

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limitations to language that may be defined as profane, harassing, threatening, or intimidating.

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     (f) No institution subject to this statute may sanction a student operating as an

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independent journalist.

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     (g) Any student, individually or through parent or guardian, or student media advisor may

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institute proceedings for injunctive or declaratory relief in any court of competent jurisdiction to

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enforce the rights provided in this section.

 

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO EDUCATION -- STUDENT JOURNALISTS' FREEDOM OF EXPRESSION

ACT

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     This act would create the Student Journalists' Freedom of Expression Act protecting

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student journalists' right to exercise freedom of speech in school-sponsored media.

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     This act would take effect upon passage.

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