Bill Text: MI HB4551 | 2017-2018 | 99th Legislature | Introduced
Bill Title: Civil rights; speech and assembly; free speech rights for journalism students in public schools; protect. Creates new act.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-05-02 - Bill Electronically Reproduced 04/27/2017 [HB4551 Detail]
Download: Michigan-2017-HB4551-Introduced.html
HOUSE BILL No. 4551
April 27, 2017, Introduced by Reps. Camilleri, Ellison, Moss, Elder, Hammoud, Pagan and Geiss and referred to the Committee on Education Reform.
A bill to provide protection for freedom of expression for
student journalists in public schools and institutions of higher
education.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. This act shall be known and may be cited as the
"student free press act".
Sec. 2. As used in this act:
(a) "School-sponsored media" means any materials that are
prepared, substantially written, published, or broadcast by a
student journalist at a public school or public institution of
higher education; distributed or generally made available to
members of the student body; and prepared under the direction of a
student media adviser. The term does not include any media intended
for distribution or transmission solely in the classroom in which
the media are produced.
(b) "Student journalist" means a student of a public school or
a public institution of higher education who gathers, compiles,
writes, edits, photographs, records, or prepares information for
dissemination in school-sponsored media.
(c) "Student media adviser" means an individual employed,
appointed, or designated by a public school or public institution
of higher education to supervise or provide instruction relating to
school-sponsored media.
Sec. 3. (1) Except as provided in subsection (2), a student
journalist has the right to exercise freedom of speech and of the
press in school-sponsored media, regardless of whether the media
are supported financially by the public school or public
institution of higher education, are produced using its facilities,
or are produced in conjunction with a class in which the student is
enrolled. Subject to subsection (2), a student journalist is
responsible for determining the news, opinion, feature, and
advertising content of school-sponsored media. This subsection does
not prohibit a student media adviser from teaching professional
standards of English and journalism to student journalists.
(2) This section does not authorize or protect expression by a
student journalist if the expression meets any of the following
conditions:
(a) Is libelous or slanderous.
(b) Constitutes an unwarranted invasion of privacy.
(c) Violates federal or state law.
(d) Incites students so as to create a clear and present
danger that they may commit an unlawful act or materially and
substantially disrupt the orderly operation of the public school or
public institution of higher education.
Sec. 4. (1) A public school or public institution of higher
education shall not authorize any prior restraint of expression in
any school-sponsored media except when the expression meets any of
the following conditions:
(a) Is libelous or slanderous.
(b) Constitutes an unwarranted invasion of privacy.
(c) Violates federal or state law.
(d) Incites students so as to create a clear and present
danger that they may commit an unlawful act or materially and
substantially disrupt the orderly operation of the public school or
public institution of higher education.
(2) A public school or public institution of higher education
shall not discipline a student for the content of the student's
expression while the student is operating as an independent
journalist.
Sec. 5. Each public school or public institution of higher
education shall adopt a written student freedom of expression
policy in accordance with this act. The policy must include
reasonable provisions for the time, place, and manner of student
expression. The policy may also include limitations on language
that is profane, harassing, threatening, or intimidating.
Sec. 6. A student media adviser shall not be dismissed,
suspended, disciplined, reassigned, transferred, or otherwise
retaliated against solely for any of the following:
(a) Acting reasonably to protect the rights of a student
journalist to engage in conduct authorized under this act.
(b) Refusing to act in a manner that would infringe upon a
student journalist's right to engage in conduct that is protected
under this act.
Sec. 7. Publication or other expression of ideas by a student
journalist in the exercise of rights under this act is not
attributable to the school district or public institution of higher
education as an expression of its policy. A school district, a
member of a board of education, an institution of higher education,
or an employee of a school district, board of education, or
institution of higher education is not responsible in any civil or
criminal action for any publication or other expression of ideas by
a student journalist exercising rights protected under this act.
Enacting section 1. This act takes effect 90 days after the
date it is enacted into law.
