2017 -- H 5550 SUBSTITUTE A AS AMENDED

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2017

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A N   A C T

RELATING TO EDUCATION -- STUDENT JOURNALISTS' FREEDOM OF EXPRESSION

ACT

     

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

     Date Introduced: February 16, 2017

     Referred To: House 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 107

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STUDENT JOURNALISTS' FREEDOM OF EXPRESSION ACT

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     16-107-1. Short title.

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

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Expression Act".

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     16-107-2. Definitions.

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     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

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

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

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

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

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

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

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

 

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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 council on elementary and secondary education and the

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

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relating to school-sponsored media.

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

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

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

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

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

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

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

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

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

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

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

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unlawful for purchase or use by minors.

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     (d) 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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     (e) 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 permissible conduct under subsection

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(a) of this 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 chapter 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. For institutions under the

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supervision of the council on elementary and secondary education, 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 expression made by students in the exercise of free speech or free press rights shall

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

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

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

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

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jurisdiction to 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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