Chapter 229
2017 -- H 5550 SUBSTITUTE A AS AMENDED
Enacted 07/18/2017

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

It is enacted by the General Assembly as follows:
     SECTION 1. Title 16 of the General Laws entitled "EDUCATION" is hereby amended
by adding thereto the following chapter:
CHAPTER 107 109
STUDENT JOURNALISTS' FREEDOM OF EXPRESSION ACT
     16-109-1. Short title.
     This act shall be known and may be cited as the "Student Journalists' Freedom of
Expression Act".
     16-109-2. Definitions.
     As used in this section:
     (1) "School-sponsored media" means any material that is prepared, substantially written,
published, or broadcast by a student journalist at an institution under the supervision of the
council on elementary and secondary education and the council on postsecondary education, both
public and private, distributed, or generally made available to members of the student body, and
prepared under the direction of a student media advisor. School-sponsored media does not include
content intended for distribution or transmission only in the classroom in which it is produced.
     (2) "Student journalist" means a student of an institution under the supervision of the
council on elementary and secondary education and the council on postsecondary education, both
public and private, who gathers, compiles, writes, edits, photographs, records, or prepares
information for dissemination in school-sponsored media.
     (3) "Student media advisor" means an individual employed, appointed, or designated by
an institution under the supervision of the council on elementary and secondary education and the
council on postsecondary education, both public and private, to supervise or provide instruction
relating to school-sponsored media.
     16-109-3. Student journalists' freedom of expression -- Civil remedy.
     (a) Except as provided in subsection (b) of this section, a student journalist has the right
to exercise freedom of speech and of the press in both school-sponsored media and non-school-
sponsored media, regardless of whether the media is supported financially by the school, local
education agency "(LEA)", or uses the facilities of the school or LEA, or produced in conjunction
with a class in which the student is enrolled. Subject to subsection (b) of this section, a student
journalist is responsible for determining the news, opinion, feature, and advertising content of
school-sponsored media. This subsection may not be construed to prevent a student media advisor
from teaching professional standards of English and journalism to student journalists.
     (b) This section does not authorize or protect expression by a student that:
     (1) Is libelous or slanderous;
     (2) Constitutes an unwarranted invasion of privacy;
     (3) Violates federal or state law; or
     (4) So incites students as to create a clear and present danger of the commission of an
unlawful act, the violation of school district policy, or the material and substantial disruption of
the orderly operation of the institution. Administrators must base a forecast of material and
substantial disruption on specific facts, including past experience in the school and current events
influencing student behavior, and not on undifferentiated fear or apprehension.
     (c) Nothing in this section shall be construed as authorizing the publication of an
advertisement in school-sponsored media at an institution under the supervision of the council on
elementary and secondary education that promotes the purchase of a product or service that is
unlawful for purchase or use by minors.
     (d) A student journalist may not be disciplined for acting in accordance with subsection
(a) of this section.
     (e) A student media advisor may not be dismissed, suspended, disciplined, reassigned,
transferred, or otherwise retaliated against for:
     (1) Acting to protect a student journalist engaged in permissible conduct under subsection
(a) of this section; or
     (2) Refusing to infringe on conduct that is protected by this chapter or the First
Amendment to the United States Constitution.
     (e)(f) Each institution, school, or LEA subject to this chapter may adopt a written student
freedom of expression policy in accordance with this section. The policy must include reasonable
provisions for the time, place, and manner of student expression. For institutions under the
supervision of the council on elementary and secondary education, the policy may also include
limitations to language that may be defined as profane, harassing, threatening, or intimidating.
     (f)(g) No expression made by students in the exercise of free speech or free press rights
shall be deemed to be an expression of school policy, and no school officials or school district
shall be held responsible in any civil or criminal action for any expression made or published by
students.
     (g)(h) Any student, individually or through a parent or guardian, or student media advisor
may institute proceedings for injunctive or declaratory relief in any court of competent
jurisdiction to enforce the rights provided in this section.
     SECTION 2. This act shall take effect upon passage.
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LC001039/SUB A
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