as introduced - 89th Legislature (2015 - 2016) Posted on 03/08/2016 04:11pm
A bill for an act
relating to education; clarifying First Amendment speech and press rights of
student journalists in kindergarten through grade 12; proposing coding for new
law in Minnesota Statutes, chapter 121A.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
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(a) For purposes of this section, the terms defined in this
subdivision have the meanings given them.
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(b) "School-sponsored media" means any material:
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(1) prepared, wholly or substantially written, published, broadcast, or otherwise
disseminated by a student journalist enrolled in a public school, including a charter school;
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(2) distributed or generally made available to students in the school; and
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(3) prepared by the student journalist under the supervision of a student media advisor.
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School-sponsored media does not include any media prepared solely for distribution or
transmission in the classroom where the media is produced.
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(c) "School official" means a school principal under section 123B.147 or other
licensed professional who participates in supporting, supervising, or administering the
education program of a school building.
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(d) "Student journalist" means a public school student who gathers, compiles,
writes, edits, photographs, records, or otherwise prepares information for dissemination in
school-sponsored media.
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(e) "Student media advisor" means a person who a school district employs, appoints,
or designates to supervise student journalists preparing school-sponsored media.
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Except as provided in subdivisions 3 and 4, paragraph (b), a student journalist has
the right to exercise freedom of speech and freedom of the press in school-sponsored
media, regardless of whether the school-sponsored media receives financial support from
the school or district, uses school equipment or facilities in its production, or is produced in
relationship to a class or course in which the student journalist is enrolled. Consistent with
subdivisions 3 and 4, paragraph (b), a student journalist who works on school-sponsored
media has the right to determine the news, opinion, feature, and advertising content of the
school-sponsored media. This subdivision does not prevent a student-media advisor from
teaching professional standards of English and journalism to student journalists.
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(a) This section does not authorize or protect
student expression that is libelous or slanderous; constitutes an unwarranted invasion of
privacy; violates federal or state law; or, in a school official's professional judgment,
so incites students as to:
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(1) create a clear and present danger of the commission of unlawful acts on school
premises or the violation of lawful school policies or rules; or
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(2) cause a material and substantial disruption of school activities.
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(b) A school or district may not authorize any prior restraint of any school-sponsored
media except under paragraph (a) or subdivision 4, paragraph (b).
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(a) Each school district and charter school must
adopt and post a student journalist policy consistent with this section. The policy must
include reasonable provisions for the time, place, and manner of student expression.
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(b) The policy may limit student expression that, in a school official's professional
judgment, is profane, harassing, threatening, or intimidating.
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This section is effective for the 2015-2016 school year and
later.
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