74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 3408
 
                         House Bill 3279
 
Sponsored by Representative GALIZIO; Representatives BARKER,
  BOONE, BUCKLEY, CANNON, HUNT, NOLAN, READ, ROSENBAUM, SHIELDS,
  TOMEI, WITT
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Provides that public high school student journalists have right
to exercise freedom of speech and press in school-sponsored
media. Allows civil cause of action by student or parent or
guardian.
  Provides that school-sponsored media produced primarily by
students at public institution of higher education are public
forums for expression by student journalists. Allows civil cause
of action by student.
  Directs that student journalists are responsible for
determining content of school-sponsored media. Provides
limitations for content determined by high school students.
  Provides that school officials and governing boards are immune
from civil and criminal liability based on student expression in
school-sponsored media.
  Declares emergency, effective July 1, 2007.
 
                        A BILL FOR AN ACT
Relating to student journalists; and declaring an emergency.
  Whereas the Legislative Assembly finds that freedom of
expression and freedom of the press are fundamental principles in
our democratic society granted to every citizen of the nation by
the First Amendment to the United States Constitution and to
every resident of this state by section 8, Article I of the
Oregon Constitution; and
  Whereas these freedoms provide all citizens, including
students, with the right to engage in robust and uninhibited
discussion of issues; and
  Whereas court decisions have not provided adequate protection
for the free speech and free press rights of students; and
  Whereas the Legislative Assembly intends to ensure free speech
and free press protections for both high school students and
students at institutions of higher education in this state in
order to encourage students to become educated, informed and
responsible members of society; now, therefore,
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + (1) For the purposes of this section:
  (a) 'School-sponsored media' means materials that are prepared,
substantially written, published or broadcast by student
journalists, that are distributed or generally made available,
either free of charge or for a fee, to members of the student
body and that are prepared under the direction of a student media
adviser. 'School-sponsored media' does not include media intended
for distribution or transmission solely in the classrooms in
which they are produced.
  (b) 'Student journalist' means a public high school student who
gathers, compiles, writes, edits, photographs, records or
prepares information for dissemination in school-sponsored media.
  (c) 'Student media adviser' means a person who is employed,
appointed or designated by the school district to supervise, or
provide instruction relating to, school-sponsored media.
  (2) Except as provided in subsection (4) of this section,
student journalists have the right to exercise freedom of speech
and of the press in school-sponsored media, whether or not the
media are supported financially by the school or by use of school
facilities or are produced in conjunction with a high school
class.
  (3) Student journalists are responsible for determining the
news, opinion, feature and advertising content of
school-sponsored media subject to the limitations of subsection
(4) of this section. This subsection does not prevent a student
media adviser from teaching professional standards of English and
journalism to the student journalists. A student media adviser
may not be terminated, transferred, removed or otherwise
disciplined for refusing to suppress the protected expression of
student journalists.
  (4) Nothing in this section may be interpreted to authorize
expression by students that:
  (a) Is libelous or slanderous;
  (b) Constitutes an unwarranted invasion of privacy; or
  (c) So incites students as to create a clear and present danger
of:
  (A) The commission of unlawful acts on school premises;
  (B) The violation of school policies; or
  (C) The material and substantial disruption of the orderly
operation of the school. A school official must base a forecast
of material and substantial disruption on specific facts,
including past experience in the school and current events
influencing student behavior, and not on undifferentiated fear or
apprehension.
  (5) Any student, individually or through the student's parent
or guardian, enrolled in a public high school may commence a
civil action to obtain appropriate injunctive or declaratory
relief as determined by a court for a violation of subsection (2)
of this section. Upon a motion, a court may award costs and
attorney fees to a prevailing plaintiff in a civil action brought
under this subsection.
  (6) Expression by student journalists in school-sponsored media
is not the expression of school policy. A school official or the
school district board may not be held responsible in any civil or
criminal action for any expression published by student
journalists in school-sponsored media unless the school official
or the board has interfered with or altered the content of the
student expression.
  (7) Each school district that includes a public high school
shall adopt a written student freedom of expression policy in
accordance with this section. The policy shall include reasonable
provisions for the time, place and manner of student
expression. + }
  SECTION 2.  { + (1) For the purposes of this section:
  (a) 'Public institution of higher education' means:
  (A) A community college;
  (B) A state institution of higher education listed in ORS
352.002; and
  (C) The Oregon Health and Science University.
 
  (b) 'School-sponsored media' means materials that are prepared,
substantially written, published or broadcast by student
journalists, that are distributed or generally made available,
either free of charge or for a fee, to members of the student
body and that are prepared under the direction of a student media
adviser. 'School-sponsored media' does not include media intended
for distribution or transmission solely in the classrooms in
which they are produced.
  (c) 'Student journalist' means a student who gathers, compiles,
writes, edits, photographs, records or prepares information for
dissemination in school-sponsored media.
  (d) 'Student media adviser' means a person who is employed,
appointed or designated by a public institution of higher
education to supervise, or provide instruction relating to,
school-sponsored media.
  (2) All school-sponsored media produced primarily by student
journalists at a public institution of higher education are
public forums for expression by the student journalists at the
institution. Student media, whether or not school sponsored, are
not subject to review by school administrators prior to
publication.
  (3) Student journalists are responsible for determining the
news, opinion, feature and advertising content of
school-sponsored media. This subsection does not prevent a
student media adviser from teaching professional standards of
English and journalism to the student journalists. A student
media adviser may not be terminated, transferred, removed or
otherwise disciplined for refusing to suppress the protected
expression of student journalists.
  (4) Any student enrolled in a public institution of higher
education may commence a civil action to obtain appropriate
injunctive or declaratory relief as determined by a court for a
violation of subsection (2) of this section by the public
institution of higher education. Upon a motion, a court may award
costs and attorney fees to a prevailing plaintiff in a civil
action brought under this subsection.
  (5) Expression by student journalists in school-sponsored media
is not the expression of school policy. A school official or the
governing board of any public institution of higher education may
not be held responsible in any civil or criminal action for any
expression published by student journalists in school-sponsored
media unless the school official or the governing board has
interfered with or altered the content of the student
expression. + }
  SECTION 3.  { + (1) Section 1 of this 2007 Act first applies to
the 2007-2008 school year.
  (2) Section 2 of this 2007 Act first applies to the academic
term beginning fall 2007. + }
  SECTION 4.  { + This 2007 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2007 Act takes effect July 1,
2007. + }
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