2017 -- H 5550 SUBSTITUTE A

========

LC001039/SUB A

========

     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2017

____________

A N   A C T

RELATING TO EDUCATION -- STUDENT JOURNALISTS' FREEDOM OF EXPRESSION

ACT

     

     Introduced By: Representatives O`Grady, Maldonado, Kazarian, Keable, and
Blazejewski

     Date Introduced: February 16, 2017

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

1

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

2

by adding thereto the following chapter:

3

CHAPTER 107

4

STUDENT JOURNALISTS' FREEDOM OF EXPRESSION ACT

5

     16-107-1. Short title.

6

     This act shall be known and may be cited as the "Student Journalists' Freedom of

7

Expression Act".

8

     16-107-2. Definitions.

9

     As used in this section:

10

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

11

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

12

council on elementary and secondary education and the council on postsecondary education, both

13

public and private, distributed, or generally made available to members of the student body, and

14

prepared under the direction of a student media advisor. School-sponsored media does not include

15

content intended for distribution or transmission only in the classroom in which it is produced.

16

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

17

council on elementary and secondary education and the council on postsecondary education, both

18

public and private, who gathers, compiles, writes, edits, photographs, records, or prepares

 

1

information for dissemination in school-sponsored media.

2

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

3

an institution under the supervision of the council on elementary and secondary education and the

4

council on postsecondary education, both public and private, to supervise or provide instruction

5

relating to school-sponsored media.

6

     16-107-3. Student journalists' freedom of expression -- Civil remedy.

7

     (a) Except as provided in subsection (b) of this section, a student journalist has the right

8

to exercise freedom of speech and of the press in both school-sponsored media and non-school-

9

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

10

education agency "(LEA)", or uses the facilities of the school or LEA, or produced in conjunction

11

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

12

journalist is responsible for determining the news, opinion, feature, and advertising content of

13

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

14

from teaching professional standards of English and journalism to student journalists.

15

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

16

     (1) Is libelous or slanderous;

17

     (2) Constitutes an unwarranted invasion of privacy;

18

     (3) Violates federal or state law; or

19

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

20

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

21

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

22

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

23

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

24

     (c) Nothing in this section shall be construed as authorizing the publication of an

25

advertisement in school-sponsored media at an institution under the supervision of the council on

26

elementary and secondary education that promotes the purchase of a product or service that is

27

unlawful for purchase or use by minors.

28

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

29

(a) of this section.

30

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

31

transferred, or otherwise retaliated against for:

32

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

33

(a) of this section; or

34

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

 

LC001039/SUB A - Page 2 of 4

1

Amendment to the United States Constitution.

2

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

3

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

4

provisions for the time, place, and manner of student expression. For institutions under the

5

supervision of the council on elementary and secondary education, the policy may also include

6

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

7

     (f) No expression made by students in the exercise of free speech or free press rights shall

8

be deemed to be an expression of school policy, and no school officials or school district shall be

9

held responsible in any civil or criminal action for any expression made or published by students

10

unless school officials have interfered with or altered the content of the student expression.

11

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

12

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

13

jurisdiction to enforce the rights provided in this section.

14

     SECTION 2. This act shall take effect upon passage.

========

LC001039/SUB A

========

 

LC001039/SUB A - Page 3 of 4

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO EDUCATION -- STUDENT JOURNALISTS' FREEDOM OF EXPRESSION

ACT

***

1

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

2

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

3

     This act would take effect upon passage.

========

LC001039/SUB A

========

 

LC001039/SUB A - Page 4 of 4