Senate Bill 5946 - Lincoln County
Public high school students have the right to exercise freedom of speech and of the press in school-sponsored media. However, students are not allowed to engage in expression that is obscene to minors; is libelous or slanderous; is an unwarranted invasion of privacy; constitutes an unwarranted invasion of privacy; violates the Federal Communications Act or any rule or regulation of the Federal Communications Commission; or incites students to create a clear and present danger of the following: (1) commission of unlawful acts on school premises; (2) violation of lawful school regulations; or (3) material and substantial disruption of the operation of the school.
Student editors of school-sponsored media in public institutions of higher education are responsible for determining the content of the media, subject to professional standards of English and journalism taught by the student media adviser. A student media adviser may not be terminated, transferred, removed, or otherwise disciplined for refusing to censor school-sponsored media. School-sponsored media at public institutions of higher education are public forums for expression by student journalists at the institution. Student media are not subject to prior review by school officials. School-sponsored media is not the expression of school policy. Neither school officials nor the governing board of a public institution of higher education may be held responsible in a civil or criminal action for expression made or published by students in a school-sponsored media, unless they have interfered with or altered its content.
The only relief that a court may award pursuant to a civil cause of action commenced by a student is injunctive and declaratory relief. If attorney’s fees are awarded in the civil cause of action, they must be reasonable fees.
Public high school students have the right to exercise freedom of speech and of the press in school-sponsored media. However, students are not allowed to engage in expression that is obscene to minors; is libelous or slanderous; is an unwarranted invasion of privacy; constitutes an unwarranted invasion of privacy; violates the Federal Communications Act or any rule or regulation of the Federal Communications Commission; or incites students to create a clear and present danger of the following: (1) commission of unlawful acts on school premises; (2) violation of lawful school regulations; or (3) material and substantial disruption of the operation of the school.
Student editors of school-sponsored media in public institutions of higher education are responsible for determining the content of the media, subject to professional standards of English and journalism taught by the student media adviser. A student media adviser may not be terminated, transferred, removed, or otherwise disciplined for refusing to censor school-sponsored media. School-sponsored media at public institutions of higher education are public forums for expression by student journalists at the institution. Student media are not subject to prior review by school officials. School-sponsored media is not the expression of school policy. Neither school officials nor the governing board of a public institution of higher education may be held responsible in a civil or criminal action for expression made or published by students in a school-sponsored media, unless they have interfered with or altered its content.
The only relief that a court may award pursuant to a civil cause of action commenced by a student is injunctive and declaratory relief. If attorney’s fees are awarded in the civil cause of action, they must be reasonable fees.
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