HB1561: HB1561 Student Journalist Press Freedom Restoration Act; enact

26 LC 65 0086 House Bill 1561 By: Representatives Ali of the 106th, Olaleye of the 59th, Gisler of the 121st, Berry of the 56th, and Stephens of the 164th A BILL TO BE ENTITLED AN ACT To amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to1 require secondary schools and public institutions of higher edu cation to recognize certain2 rights for student journalists; to provide for protections for student media advisers; to provide3 for limitations; to provide for written policies; to provide fo r proceedings and injunctive4 relief; to provide for legislative findings, declarations, and intent; to provide for definitions;5 to provide for construction; to provide for a short title; to p rovide for related matters; to6 provide for an effective date; to repeal conflicting laws; and for other purposes.7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8 SECTION 1.9 (a) The General Assembly finds and declares that:10 (1) Freedom of expression through school sponsored media is a fundamental principle in11 our democratic society granted under the First Amendment of the United States12 Constitution and Paragraph V of Section I of Article I of the Georgia Constitution;13 (2) A robust and free student press is critical to the develop ment of informed and civic14 minded adults;15 H. B. 1561 - 1 - 26 LC 65 0086 (3) Student journalists are denied the right to free expression guaranteed to other students,16 and their work is subject to censorship in circumstances where other student speech would17 not be restricted; and 18 (4) Teachers who defend their students' freedom of expression do so at great professional19 risk.20 (b) It is the intent of the General Assembly to restore and protect the freedom of expression21 through school sponsored media for public school students and institution sponsored media22 for students at public institutions of higher education in this state. Further, it is the intent of23 the General Assembly to protect the jobs of the teachers who ap propriately support these24 rights so as to encourage students to become educated, informed, and responsible members25 of society.26 SECTION 2.27 This Act shall be known and may be cited as the "Student Journa list Press Freedom28 Restoration Act."29 SECTION 3.30 Title 20 of the Official Code of Georgia Annotated, relating to education, is amended in31 Chapter 2, relating to elementary and secondary school education, by adding a new article32 to read as follows:33 "ARTICLE 3534 20-2-2140.35 (a) As used in this article the term:36 (1) 'School sponsored media' means any material that is prepared, substantially written,37 published, or broadcast, in any media, by a student journalist under the direction of a38 H. B. 1561 - 2 - 26 LC 65 0086 student media adviser and distributed or generally made availab le to members of the39 student body. Such term does not include media intended for distribution or transmission40 for classroom purposes only.41 (2) 'Secondary school' or 'school' means any public or private school in this state which 42 receives state funding and includes one or more grades from six through 12.43 (3) 'Student journalist' means a student at a secondary school who gathers, compiles,44 writes, edits, photographs, records, or prepares information fo r inclusion in school45 sponsored media.46 (4) 'Student media adviser' means an individual employed, appointed, or designated by47 a secondary school to supervise or provide instruction relating to school sponsored media.48 (b)(1) Except as provided in subsection (d) of this Code section, a student journalist shall49 have the right to exercise freedom of speech and of the press in school sponsored media50 regardless of whether the media is supported financially by the secondary school, uses51 the facilities of the school, or is produced in conjunction with a course or class in which52 the student journalist is enrolled.53 (2) A student journalist shall be responsible for determining the news, opinion, feature,54 and advertising content of school sponsored media.55 (3) Student media advisers may teach professional standards of English and journalism56 to student journalists consistent with this subsection.57 (4) A student journalist may not be disciplined for acting in accordance with this Code58 section.59 (5) No expression made by a student journalist in the exercise of the freedom of speech60 or freedom of the press shall be deemed to be an expression of school policy, and no61 school officials or local school district shall be held responsible in any civil or criminal62 action for any expression made or published by a student journalist.63 (c) A student media adviser shall not be dismissed, suspended, disciplined, reassigned,64 transferred, or otherwise retaliated against for:65 H. B. 1561 - 3 - 26 LC 65 0086 (1) Refusing to infringe on conduct that is protected by this Code section, the First66 Amendment of the United States Constitution, or Paragraph V of Section I of Article I67 of the Georgia Constitution; or68 (2) Acting to protect a student journalist engaged in permissi ble conduct under69 subsection (b) of this Code section, the First Amendment of the United States70 Constitution, or Paragraph V of Section I of Article I of the Georgia Constitution.71 (d)(1) This Code section does not authorize or protect expression by a student journalist72 that:73 (A) Is libelous or slanderous;74 (B) Constitutes an unwarranted invasion of privacy;75 (C) Is obscene;76 (D) Violates federal or state law; or77 (E) So incites students to create a clear and present danger o f the commission of an78 unlawful act, the violation of a lawful school district policy, or the material and79 substantial disruption of the orderly operation of the school.80 (2) Administrators shall base a forecast of material and substantial disruption on specific81 facts, including past experience in the school and current even ts influencing student82 behavior, and not on undifferentiated fear or apprehension.83 (3) Nothing in this Code section shall be construed as authorizing the publication of an84 advertisement in school sponsored media that promotes the purch ase of a product or85 service that is unlawful for purchase or use.86 (e) There shall be no prior restraint of material prepared for official school publications,87 except for material that violates the standards of subsection (d) of this Code section.88 (f) Each local school board shall adopt a written policy for t he exercise of the right of89 student journalists to freedom of speech and freedom of the pre ss in school sponsored90 media in accordance with this Code section, including:91 H. B. 1561 - 4 - 26 LC 65 0086 (1) Reasonable provisions for the time, place, and manner of d istribution of student92 expression; and93 (2) A provision allowing for the timely appeal within the loca l school district of94 decisions made pursuant to this Code section.95 (g)(1) Any student, individually or through a parent or guardian, or any student media96 adviser, on behalf of himself or herself, may institute proceed ings for injunctive or97 declaratory relief in any court of competent jurisdiction to enforce the rights provided in98 this Code section.99 (2) Nothing in this Code section shall be construed to create any private action other than100 to seek injunctive relief allowing the publication of the speech in question.101 (3) A court may award reasonable attorney's fees to a plaintiff that prevails."102 SECTION 4.103 Said title is further amended in Part 1D of Article 2 of Chapter 3, relating to forming open104 and robust university minds in postsecondary education, by addi ng a new Code section to105 read as follows:106 "20-3-48.05.107 (a) As used in this Code the term:108 (1) 'Institution sponsored media' means any material that is p repared, substantially109 written, published or broadcast, in any media, by a student journalist under the direction110 of a student media adviser and distributed or generally made available to members of the111 student body. Such term does not include media intended for distribution or transmission112 for classroom purposes only.113 (2) 'Public institution of higher education' or 'institution' shall have the same meaning as114 set forth in Code Section 20-3-48.115 H. B. 1561 - 5 - 26 LC 65 0086 (3) 'Student journalist' means a student at an institution of higher education who gathers,116 compiles, writes, edits, photographs, records, or prepares info rmation for inclusion in117 institution sponsored media.118 (4) 'Student media adviser' means an individual employed, appointed, or designated by119 a public institution of higher education to supervise or provid e instruction relating to120 institution sponsored media.121 (b)(1) Except as provided in subsection (d) of this Code section, a student journalist shall122 have the right to exercise freedom of speech and of the press i n institution sponsored123 media regardless of whether the media is supported financially by the public institution124 of higher education, uses the facilities of the institution, or is produced in conjunction125 with a course or class in which the student journalist is enrolled.126 (2) A student journalist shall be responsible for determining the news, opinion, feature,127 and advertising content of institution sponsored media.128 (3) Student media advisers may teach professional standards of English and journalism129 to student journalists consistent with this subsection.130 (4) A student journalist may not be disciplined for acting in accordance with this Code131 section.132 (5) No expression made by a student journalist in the exercise of the freedom of speech133 or freedom of the press shall be deemed to be an expression of institution policy, and no134 institution officials or institution shall be held responsible in any civil or criminal action135 for any expression made or published by a student journalist.136 (c) A student media adviser shall not be dismissed, suspended, disciplined, reassigned,137 transferred, or otherwise retaliated against for:138 (1) Refusing to infringe on conduct that is protected by this Code section, the First139 Amendment of the United States Constitution, or Paragraph V of Section I of Article I140 of the Georgia Constitution; or141 H. B. 1561 - 6 - 26 LC 65 0086 (2) Acting to protect a student journalist engaged in permissi ble conduct under142 subsection (b) of this Code section, the First Amendment of the U n i t e d S t a t e s143 Constitution, or Paragraph V of Section I of Article I of the Georgia Constitution.144 (d)(1) This Code section does not authorize or protect expression by a student journalist145 that:146 (A) Is libelous or slanderous;147 (B) Constitutes an unwarranted invasion of privacy;148 (C) Is obscene;149 (D) Violates federal or state law; or150 (E) So incites students to create a clear and present danger o f the commission of an151 unlawful act, the violation of a lawful institution policy, or the material and substantial152 disruption of the orderly operation of the institution.153 (2) Administrators shall base a forecast of material and substantial disruption on specific154 facts, including past experience in the institution and current events influencing student155 behavior, and not on undifferentiated fear or apprehension.156 (3) Nothing in this Code section shall be construed as authorizing the publication of an157 advertisement in institution sponsored media that promotes the purchase of a product or158 service that is unlawful for purchase or use.159 (e) There shall be no prior restraint of material prepared for official institution160 publications, except for material that violates the standards of subsection (d) of this Code161 section.162 (f) Each institution shall adopt a written policy for the exer cise of the right of student163 journalists to freedom of speech and freedom of the press in institution sponsored media164 in accordance with this Code section, including:165 (1) Reasonable provisions for the time, place, and manner of d istribution of student166 expression; and167 H. B. 1561 - 7 - 26 LC 65 0086 (2) A provision allowing for the timely appeal within any institution of decisions made168 pursuant to this Code section.169 (g)(1) Any student journalist, individually or through a parent or guardian, or any student170 media adviser, on behalf of himself or herself, may institute proceedings for injunctive171 or declaratory relief in any court of competent jurisdiction to enforce the rights provided172 in this Code section.173 (2) Nothing in this Code section shall be construed to create any private action other than174 to seek injunctive relief allowing the publication of the speech in question.175 (3) A court may award reasonable attorney's fees to a plaintiff that prevails."176 SECTION 5.177 This Act shall become effective upon its approval by the Governor or upon its becoming law178 without such approval.179 SECTION 6.180 All laws and parts of laws in conflict with this Act are repealed.181 H. B. 1561 - 8 -