HB1592: HB1592 Student Journalist Press Freedom Restoration Act; enact

26 LC 49 2788 House Bill 1592 By: Representatives Bonner of the 73rd, Mathiak of the 82nd, Hilton of the 48th, Berry of the 56th, and Olaleye of the 59th 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 certain schools and public institutions of higher education to recognize certain rights2 for student journalists; to provide for protections for student media advisers; to provide for3 limitations; to provide for written policies; to provide for proceedings and injunctive relief;4 to provide for legislative findings, declarations, and intent; to provide for definitions; to5 provide for construction; to provide for a short title; to provide for related matters; to provide6 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. 1592 - 1 - 26 LC 49 2788 (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' means any public or private school in this state with any of grades six37 through 12 and which receives state funding.38 H. B. 1592 - 2 - 26 LC 49 2788 (2) 'School sponsored media' means any material that is prepared, substantially written,39 published, or broadcast, in any media, by a student journalist under the direction of a40 student media adviser and distributed or generally made availab le to members of the41 student body. Such term does not include media intended for distribution or transmission42 for classroom purposes only.43 (3) 'Student journalist' means a student at a school who gathers, compiles, writes, edits,44 photographs, records, or prepares information for inclusion in school sponsored media.45 (4) 'Student media adviser' means an individual employed, appointed, or designated by46 a school to supervise or provide instruction relating to school sponsored media.47 (b)(1) Except as provided in subsection (d) of this Code section, a student journalist shall48 have the right to exercise freedom of speech and of the press in school sponsored media49 regardless of whether the media is supported financially by the student journalist's school,50 uses the facilities of the school, or is produced in conjunctio n with a course or class in51 which the student journalist is enrolled.52 (2) A student journalist shall be responsible for determining the news, opinion, feature,53 and advertising content of school sponsored media.54 (3) Student media advisers may teach professional standards of English and journalism55 to student journalists consistent with this subsection.56 (4) A student journalist shall not be disciplined for acting in accordance with this Code57 section.58 (5) No expression made by a student journalist in the exercise of the freedom of speech59 or freedom of the press shall be deemed to be an expression of school policy, and no local60 school system, school, or any official, administrator, or employee thereof shall be held61 responsible in any civil or criminal action for any expression made or published by a62 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. 1592 - 3 - 26 LC 49 2788 (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 shall 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) School officials, administrators, and employees shall base a forecast of material and81 substantial disruption on specific facts, including past experi ence in the school and82 current events influencing student behavior, and not on undiffe rentiated fear or83 apprehension.84 (e) Nothing in this Code section shall be construed as authori zing the publication of an85 advertisement in school sponsored media that promotes the purchase of a product or service86 that is unlawful for purchase or use.87 (f) There shall be no prior restraint of material prepared for official school publications,88 except for material that violates the standards of subsection (d) of this Code section.89 (g) Each local board of education and other school governing body shall adopt a written90 policy for the exercise of the right of student journalists to freedom of speech and freedom91 of the press in school sponsored media in accordance with this Code section, including:92 H. B. 1592 - 4 - 26 LC 49 2788 (1) Reasonable provisions for the time, place, and manner of d istribution of student93 expression; and94 (2) A provision allowing for the timely appeal within the scho ol's organization of95 decisions made pursuant to this Code section.96 (h)(1) Any student, individually or through a parent or guardian, or any student media97 adviser, on behalf of himself or herself, may institute proceed ings for injunctive or98 declaratory relief in any court of competent jurisdiction to enforce the rights provided in99 this Code section.100 (2) Nothing in this subsection shall be construed to create any private action other than101 to seek injunctive relief allowing the publication of the speech in question.102 (3) A court may award reasonable attorney's fees to a plaintiff that prevails."103 SECTION 4.104 Said title is further amended in Part 1D of Article 2 of Chapter 3, relating to forming open105 and robust university minds in postsecondary education, by addi ng a new Code section to106 read as follows:107 "20-3-48.05.108 (a) As used in this Code the term:109 (1) 'Institution sponsored media' means any material that is p repared, substantially110 written, published or broadcast, in any media, by a student journalist under the direction111 of a student media adviser and distributed or generally made available to members of the112 student body. Such term does not include media intended for distribution or transmission113 for classroom purposes only.114 (2) 'Public institution of higher education' or 'institution' shall have the same meaning as115 set forth in Code Section 20-3-48.116 H. B. 1592 - 5 - 26 LC 49 2788 (3) 'Student journalist' means a student at an institution of higher education who gathers,117 compiles, writes, edits, photographs, records, or prepares info rmation for inclusion in118 institution sponsored media.119 (4) 'Student media adviser' means an individual employed, appointed, or designated by120 a public institution of higher education to supervise or provid e instruction relating to121 institution sponsored media.122 (b)(1) Except as provided in subsection (d) of this Code section, a student journalist shall123 have the right to exercise freedom of speech and of the press i n institution sponsored124 media regardless of whether the media is supported financially by the public institution125 of higher education, uses the facilities of the institution, or is produced in conjunction126 with a course or class in which the student journalist is enrolled.127 (2) A student journalist shall be responsible for determining the news, opinion, feature,128 and advertising content of institution sponsored media.129 (3) Student media advisers may teach professional standards of English and journalism130 to student journalists consistent with this subsection.131 (4) A student journalist shall not be disciplined for acting in accordance with this Code132 section.133 (5) No expression made by a student journalist in the exercise of the freedom of speech134 or freedom of the press shall be deemed to be an expression of institution policy, and no135 institution or its officials, administrators, or employees shall be held responsible in any136 civil or criminal action for any expression made or published by a student journalist.137 (c) A student media adviser shall not be dismissed, suspended, disciplined, reassigned,138 transferred, or otherwise retaliated against for:139 (1) Refusing to infringe on conduct that is protected by this Code section, the First140 Amendment of the United States Constitution, or Paragraph V of Section I of Article I141 of the Georgia Constitution; or142 H. B. 1592 - 6 - 26 LC 49 2788 (2) Acting to protect a student journalist engaged in permissi ble conduct under143 subsection (b) of this Code section, the First Amendment of the U n i t e d S t a t e s144 Constitution, or Paragraph V of Section I of Article I of the Georgia Constitution.145 (d)(1) This Code section shall not authorize or protect expression by a student journalist146 that:147 (A) Is libelous or slanderous;148 (B) Constitutes an unwarranted invasion of privacy;149 (C) Is obscene;150 (D) Violates federal or state law; or151 (E) So incites students to create a clear and present danger o f the commission of an152 unlawful act, the violation of a lawful institution policy, or the material and substantial153 disruption of the orderly operation of the institution.154 (2) Administrators shall base a forecast of material and substantial disruption on specific155 facts, including past experience in the institution and current events influencing student156 behavior, and not on undifferentiated fear or apprehension.157 (e) Nothing in this Code section shall be construed as authori zing the publication of an158 advertisement in institution sponsored media that promotes the purchase of a product or159 service that is unlawful for purchase or use.160 (f) There shall be no prior restraint of material prepared for official institution publications,161 except for material that violates the standards of subsection (d) of this Code section.162 (g) 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 (2) A provision allowing for the timely appeal within any institution of decisions made168 pursuant to this Code section.169 H. B. 1592 - 7 - 26 LC 49 2788 (h)(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. 1592 - 8 -