Senate Bill S7355

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7355
 
                             I N  S E N A T E
 
                              January 9, 2018
                                ___________
 
 Introduced  by  Sen.  O'MARA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Education
 
 AN ACT to amend the education law, in relation to enacting  the  student
   journalist free speech act
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The education law is amended by adding a new article 18  to
 read as follows:
                                ARTICLE 18
                    STUDENT JOURNALIST FREE SPEECH ACT
 SECTION 860. SHORT TITLE.
         861. DEFINITIONS.
         862. STUDENT JOURNALIST FREE SPEECH RIGHTS.
         863. EXEMPTIONS.
         864. LIABILITY.
   §  860.  SHORT  TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS
 THE "STUDENT JOURNALIST FREE SPEECH ACT".
   § 861. DEFINITIONS. FOR THE PURPOSES OF  THIS  ARTICLE  THE  FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   1.  "SCHOOL OFFICIAL" MEANS A HIGH SCHOOL PRINCIPAL OR THE DESIGNEE OF
 SUCH PRINCIPAL.
   2. "SCHOOL-SPONSORED MEDIA"  MEANS  ANY  MATERIAL  THAT  IS  PREPARED,
 SUBSTANTIALLY  WRITTEN,  PUBLISHED, OR BROADCAST BY A STUDENT JOURNALIST
 AT A PUBLIC SCHOOL, DISTRIBUTED OR GENERALLY MADE AVAILABLE  TO  MEMBERS
 OF THE STUDENT BODY, AND PREPARED UNDER THE DIRECTION OF A STUDENT MEDIA
 ADVISOR.  THE  TERM  DOES NOT INCLUDE MEDIA INTENDED FOR DISTRIBUTION OR
 TRANSMISSION SOLELY IN THE CLASSROOM IN WHICH THE MEDIA IS PRODUCED.
   3. "STUDENT JOURNALIST" MEANS A PUBLIC HIGH SCHOOL STUDENT  WHO  GATH-
 ERS, COMPILES, WRITES, EDITS, PHOTOGRAPHS, RECORDS, OR PREPARES INFORMA-
 TION FOR DISSEMINATION IN SCHOOL-SPONSORED MEDIA.
   4. "STUDENT MEDIA ADVISOR" MEANS AN INDIVIDUAL EMPLOYED, APPOINTED, OR
 DESIGNATED  BY  A  SCHOOL  DISTRICT  TO SUPERVISE OR PROVIDE INSTRUCTION
 RELATING TO SCHOOL-SPONSORED MEDIA.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11716-01-7

 S. 7355                             2
 
   § 862. STUDENT JOURNALIST FREE SPEECH RIGHTS.  1. EXCEPT AS  OTHERWISE
 PROVIDED IN SECTION EIGHT HUNDRED SIXTY-THREE OF THIS ARTICLE, A STUDENT
 JOURNALIST SHALL HAVE THE RIGHT TO EXERCISE FREE SPEECH AND OF THE PRESS
 IN  SCHOOL-SPONSORED MEDIA, REGARDLESS OF WHETHER THE MEDIA IS SUPPORTED
 FINANCIALLY  BY  THE  SCHOOL  DISTRICT OR BY USE OF SCHOOL FACILITIES OR
 PRODUCED IN CONJUNCTION WITH A CLASS IN WHICH THE STUDENT IS ENROLLED.
   2. SUBJECT TO SECTION EIGHT HUNDRED SIXTY-THREE OF THIS  ARTICLE,  THE
 APPROPRIATE  STUDENT JOURNALIST SHALL BE RESPONSIBLE FOR DETERMINING THE
 NEWS, OPINION, FEATURE,  AND  ADVERTISING  CONTENT  OF  SCHOOL-SPONSORED
 MEDIA.
   3. NOTHING IN THIS SECTION SHALL PRECLUDE A STUDENT MEDIA ADVISOR FROM
 TEACHING  PROFESSIONAL  STANDARDS  OF  ENGLISH AND JOURNALISM TO STUDENT
 JOURNALISTS.
   4. THERE SHALL BE NO PRIOR RESTRAINT OF MATERIAL PREPARED FOR OFFICIAL
 SCHOOL PUBLICATIONS EXCEPT FOR THE MATERIAL DESCRIBED IN  SECTION  EIGHT
 HUNDRED SIXTY-THREE OF THIS ARTICLE.
   5.  SCHOOL OFFICIALS SHALL HAVE THE BURDEN OF DEMONSTRATING JUSTIFICA-
 TION WITHOUT UNDUE DELAY PRIOR TO A  LIMITATION  OF  STUDENT  EXPRESSION
 UNDER THIS ARTICLE.
   §  863.  EXEMPTIONS.  THE  FOLLOWING  FORMS OF EXPRESSION SHALL NOT BE
 PROTECTED BY THIS ARTICLE:
   1. EXPRESSION THAT IS LIBELOUS, SLANDEROUS OR OBSCENE;
   2. EXPRESSION THAT CONSTITUTES AN UNWARRANTED INVASION OF PRIVACY;
   3. EXPRESSION THAT VIOLATES FEDERAL OR STATE LAW; OR
   4. EXPRESSION THAT INCITES STUDENTS TO  COMMIT  AN  UNLAWFUL  ACT,  TO
 VIOLATE  THE  POLICIES  OF  THE  SCHOOL  DISTRICT,  OR TO MATERIALLY AND
 SUBSTANTIALLY DISRUPT THE ORDERLY OPERATION OF THE SCHOOL.
   § 864. LIABILITY. NO EXPRESSION MADE BY STUDENTS IN  THE  EXERCISE  OF
 FREE  SPEECH  OR FREEDOM OF THE PRESS PROTECTED BY THIS ARTICLE SHALL BE
 DEEMED TO BE AN EXPRESSION OF SCHOOL POLICY,  AND  NO  SCHOOL  DISTRICT,
 EMPLOYEE,  PARENT, LEGAL GUARDIAN OR OFFICIAL OF A SCHOOL DISTRICT SHALL
 BE HELD LIABLE IN ANY CIVIL OR CRIMINAL ACTION FOR ANY  EXPRESSION  MADE
 OR  PUBLISHED  BY STUDENTS, EXCEPT IN CASES OF WILLFUL OR WANTON MISCON-
 DUCT.
   § 2. This act shall take effect immediately.