2017 -- S 0600 | |
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LC002070 | |
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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 | |
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Introduced By: Senator Gayle L. Goldin | |
Date Introduced: March 15, 2017 | |
Referred To: Senate 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, either public or private, distributed, or generally |
13 | made available to members of the student body, and prepared under the direction of a student |
14 | media advisor. |
15 | (2) "Student journalist" means a student of an institution under the supervision of the |
16 | council on elementary and secondary education, either public or private, who gathers, compiles, |
17 | writes, edits, photographs, records, or prepares information for dissemination in school-sponsored |
18 | media. |
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1 | (3) "Student media advisor" means an individual employed, appointed, or designated by |
2 | an institution under the supervision of the council on elementary and secondary education, either |
3 | public or private, to supervise or provide instruction relating to school-sponsored media. |
4 | 16-107-3. Student journalists' freedom of expression -- Civil remedy. |
5 | (a) Except as provided in subsection (b) of this section, a student journalist has the right |
6 | to exercise freedom of speech and of the press in both school-sponsored media and non-school- |
7 | sponsored media, regardless of whether the media is supported financially by the school, local |
8 | education agency (LEA), or uses the facilities of the school or LEA, or produced in conjunction |
9 | with a class in which the student is enrolled. Subject to subsection (b) of this section, a student |
10 | journalist is responsible for determining the news, opinion, feature, and advertising content of |
11 | school-sponsored media. This subsection may not be construed to prevent a student media advisor |
12 | from teaching professional standards of English and journalism to student journalists. |
13 | (b) This section does not authorize or protect expression by a student that: |
14 | (1) Is libelous or slanderous; |
15 | (2) Constitutes an unwarranted invasion of privacy; |
16 | (3) Violates federal or state law; or |
17 | (4) So incites students as to create a clear and present danger of the commission of an |
18 | unlawful act, the violation of school district policy, or the material and substantial disruption of |
19 | the orderly operation of the institution. Administrators must base a forecast of material and |
20 | substantial disruption on specific facts, including past experience in the school and current events |
21 | influencing student behavior, and not on undifferentiated fear or apprehension. |
22 | (c) A student journalist may not be disciplined for acting in accordance with subsection |
23 | (a) of this section. |
24 | (d) A student media advisor may not be dismissed, suspended, disciplined, reassigned, |
25 | transferred, or otherwise retaliated against for: |
26 | (1) Acting to protect a student journalist engaged in conduct under subsection (a) of this |
27 | section; or |
28 | (2) Refusing to infringe on conduct that is protected by this chapter or the First |
29 | Amendment to the United States Constitution. |
30 | (e) Each institution, school or LEA subject to this statute may adopt a written student |
31 | freedom of expression policy in accordance with this section. The policy must include reasonable |
32 | provisions for the time, place, and manner of student expression. The policy may also include |
33 | limitations to language that may be defined as profane, harassing, threatening, or intimidating. |
34 | (f) No institution subject to this statute may sanction a student operating as an |
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1 | independent journalist. |
2 | (g) Any student, individually or through a parent or guardian, or student media advisor |
3 | may institute proceedings for injunctive or declaratory relief in any court of competent |
4 | jurisdiction to enforce the rights provided in this section. |
5 | 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 | |
*** | |
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. |
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