HF 1868

1st Engrossment - 91st Legislature (2019 - 2020) Posted on 07/09/2019 10:44am

A bill for an act
relating to education; clarifying speech and press rights of student journalists in
grades 6 through 12; proposing coding for new law in Minnesota Statutes, chapter
121A.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

[121A.80] STUDENT JOURNALISM; STUDENT EXPRESSION.

Subdivision 1.

Definitions.

(a) For purposes of this section, the terms defined in this
subdivision have the meanings given them.

(b) "School-sponsored media" means material that is:

(1) prepared, wholly or substantially written, published, broadcast, or otherwise
disseminated by a student journalist enrolled in a school district or charter school;

(2) distributed or generally made available to students in the school; and

(3) prepared by a student journalist under the supervision of a student media adviser.

School-sponsored media does not include material prepared solely for distribution or
transmission in the classroom in which the material is produced.

(c) "School official" means a school principal under section 123B.147 or other person
having administrative control or supervision of a school.

(d) "Student journalist" means a school district or charter school student in grades 6
through 12 who gathers, compiles, writes, edits, photographs, records, or otherwise prepares
information for dissemination in school-sponsored media.

(e) "Student media adviser" means a person a school district or charter school employs,
appoints, or designates to supervise student journalists or provide instruction relating to
school-sponsored media.

Subd. 2.

Student journalists; protected conduct.

(a) Except as provided in subdivision
3, 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 as part of a class or course in which the student journalist is
enrolled. Consistent with subdivision 3, a student journalist has the right to determine the
news, opinion, feature, and advertising content of school-sponsored media. A school district
or charter school must not discipline a student journalist for exercising rights or freedoms
under this paragraph or the First Amendment of the United States Constitution.

(b) A school district or charter school must not retaliate or take adverse employment
action against a student media adviser for supporting a student journalist exercising rights
or freedoms under paragraph (a) or the First Amendment of the United States Constitution.

(c) Notwithstanding the rights or freedoms of this subdivision or the First Amendment
of the United States Constitution, nothing in this section inhibits a student media adviser
from teaching professional standards of English and journalism to student journalists.

Subd. 3.

Unprotected expression.

(a) This section does not authorize or protect student
expression that: (1) is defamatory; (2) is profane, harassing, threatening, or intimidating;
(3) constitutes an unwarranted invasion of privacy; (4) violates federal or state law; (5)
causes a material and substantial disruption of school activities; or (6) is directed to inciting
or producing imminent lawless action on school premises or the violation of lawful school
policies or rules, including a policy adopted in accordance with section 121A.03 or 121A.031.

(b) A school or district must not authorize any prior restraint of school-sponsored media
except under paragraph (a).

Subd. 4.

Student journalist policy.

School districts and charter schools must adopt and
post a student journalist policy consistent with this section.

EFFECTIVE DATE.

This section is effective for the 2019-2020 school year and later.