Bill Text: HI SB2608 | 2020 | Regular Session | Introduced
Bill Title: Relating To Student Journalists.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Introduced - Dead) 2020-01-23 - Referred to EDU/HRE, JDC. [SB2608 Detail]
Download: Hawaii-2020-SB2608-Introduced.html
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THE SENATE |
S.B. NO. |
2608 |
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THIRTIETH LEGISLATURE, 2020 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to student journalists.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that states may enhance the protections guaranteed by the First Amendment of the United States Constitution through state laws and regulations. The legislature further finds that the enactment of a Hawaii student journalism protection act will provide student journalists attending Hawaii public schools with additional protection against censorship.
The purpose of this Act is to allow student journalists at public schools and public post-secondary educational institutions to exercise freedom of speech and freedom of the press in school-sponsored media.
SECTION 2. Chapter 302A, Hawaii Revised Statutes, is amended by adding a new subpart to part II to be appropriately designated and to read as follows:
" . HAWAII STUDENT JOURNALISM PROTECTION ACT
§302A- Title. This subpart shall be known as
the "Hawaii Student Journalism Protection Act".
§302A- Definitions. As used in this subpart:
"School-sponsored media" means any material:
(1) Prepared, written, published in print or online, or broadcast by a student journalist at a public school;
(2) Distributed or generally made available, either free of charge or for a fee, to members of the student body; or
(3) Prepared under the direction of a student media adviser,
regardless of whether the material is supported financially by the public school or by use of facilities of the public school or produced in conjunction with a class in which the student journalist is enrolled. "School-sponsored media" does not include material intended for distribution or transmission solely in the classroom in which the material is produced.
"Student journalist" means a public school student who determines, gathers, compiles, writes, edits, photographs, records, or prepares information and advertising for dissemination in school-sponsored media.
"Student media adviser" means an individual employed, appointed, or designated by a public school to supervise or provide instruction relating to school-sponsored media.
§302A- Hawaii student journalism protection; freedom of speech; freedom of the press. (a) A student journalist shall be allowed to exercise freedom of speech and freedom of the press in school-sponsored media and shall not be disciplined for acting in accordance with this section.
(b) Nothing in this section shall be construed to prevent a student media adviser from teaching professional standards of English and journalism to student journalists or determining grades and credit for these purposes.
(c) Nothing in this section shall be construed to authorize or protect student expression that:
(1) Is libelous or slanderous;
(2) Constitutes an unwarranted invasion of privacy; or
(3) So incites students as to create a clear and present danger of the commission of an unlawful act, the violation of public school or board policies, or the material and substantial disruption of the orderly operation of the public school.
(d) There shall be no prior restraint of material prepared for school-sponsored media except insofar as it violates this section. School officials shall have the burden of showing justification without undue delay prior to a limitation of student expression under this section. If the prescribed time for review elapses without a decision, the material prepared for school-sponsored media shall be considered authorized.
(e) No publication or other expression of material by student journalists in the exercise of rights under this section shall be deemed to be an expression of the public school, board, or department. No state agency, member of the board, officer of the department, or employee of any agency or the board shall be held responsible in any civil or criminal action for the publication or other expression of material by student journalists in the exercise of rights under this section.
(f) A student media adviser shall not be dismissed, suspended, disciplined, reassigned, transferred, or otherwise retaliated against for:
(1) Acting to protect a student journalist engaged in conduct protected under this section; or
(2) Refusing to infringe on conduct that is protected by this section.
(g) Any student, individually or through a parent or guardian, or student media adviser may institute proceedings for injunctive or declaratory relief in any court of competent jurisdiction to enforce the rights provided by this subpart.
(h) Each school shall adopt a written policy consistent with this section."
SECTION 3. Chapter 304A, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:
"Part . HAWAII POST-SECONDARY STUDENT JOURNALISM PROTECTION ACT
§304A- Title. This subpart shall be known as
the "Hawaii Post-Secondary Student Journalism Protection Act".
§304A- Definitions. As used in this subpart:
"Post-secondary educational
institution" means a public post-secondary educational institution located
in this State that has been accredited by a nationally recognized accrediting agency
that is listed by the United States Secretary of Education.
"School-sponsored media" means any material:
(1) Prepared, written, published in print or online, or broadcast by a student journalist at a post-secondary educational institution;
(2) Distributed or generally made available, either free of charge or for a fee, to members of the student body; or
(3) Prepared under the direction of a student media adviser,
regardless of whether the material is supported financially by the post-secondary educational institution or by use of facilities of the post-secondary educational institution or produced in conjunction with a class in which the student journalist is enrolled. "School-sponsored media" does not include material intended for distribution or transmission solely in the classroom in which the material is produced.
"Student journalist" means a student who is enrolled at a post-secondary educational institution and who determines, gathers, compiles, writes, edits, photographs, records, or prepares information and advertising for dissemination in school-sponsored media.
"Student media adviser" means an individual employed, appointed, or designated by a post-secondary educational institution to supervise or provide instruction relating to school-sponsored media.
§304A- Hawaii post-secondary student journalism protection; freedom of speech; freedom of the press. (a) A student journalist shall be allowed to exercise freedom of speech and freedom of the press in school-sponsored media and shall not be disciplined for acting in accordance with this section.
(b) Nothing in this section shall be construed to prevent a student media adviser from teaching professional standards of English and journalism to student journalists or determining grades and credit for those purposes.
(c) Nothing in this section shall be construed to authorize or protect student expression that:
(1) Is libelous or slanderous;
(2) Constitutes an unwarranted invasion of privacy; or
(3) So incites students as to create a clear and present danger of the commission of an unlawful act, the violation of post-secondary educational institution or board of regents policies, or the material and substantial disruption of the orderly operation of the post-secondary educational institution.
(d) There shall be no prior restraint of material prepared for school-sponsored media except insofar as it violates this section. Post-secondary educational institution officials shall have the burden of showing justification without undue delay prior to a limitation of student expression under this section. If the prescribed time for review elapses without a decision, the material prepared for school-sponsored media shall be considered authorized.
(e) No publication or other expression of material by student journalists in the exercise of rights under this section shall be deemed to be an expression of the post-secondary educational institution or board of regents. No university, member of the board of regents, or officer or employee of the university shall be held responsible in any civil or criminal action for the publication or other expression of material by student journalists in the exercise of rights under this section.
(f) A student media adviser shall not be dismissed, suspended, disciplined, reassigned, transferred, or otherwise retaliated against for:
(1) Acting to protect a student journalist engaged in conduct protected under this section; or
(2) Refusing to infringe on conduct that is protected by this section.
(g) Any student, individually or through a parent or guardian, or student media adviser, may institute proceedings for injunctive or declaratory relief in any court of competent jurisdiction to enforce the rights provided by this section.
(h) Each post-secondary educational institution or its governing body shall adopt a written policy consistent with this section."
SECTION 4. This Act shall take effect on July 1, 2020.
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INTRODUCED BY: |
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Report Title:
Hawaii Student Journalism Protection Act; Hawaii Post-Secondary Student Journalism Protection Act; Student Journalists; Freedom of Speech; Freedom of the Press
Description:
Allows student journalists at public schools and public post-secondary educational institutions to exercise freedom of speech and freedom of the press in school-sponsored media.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
