Florida Senate - 2022                                    SB 1860
       
       
        
       By Senator Polsky
       
       
       
       
       
       29-01176-22                                           20221860__
    1                        A bill to be entitled                      
    2         An act relating to freedom of speech and the press in
    3         the public education system; creating s. 1003.4506,
    4         F.S.; providing that student journalists have the
    5         right to exercise freedom of the press in school
    6         sponsored media; requiring that determinations
    7         regarding the news, opinion, feature, and advertising
    8         content of school-sponsored media be made by student
    9         journalists; authorizing student media advisors to
   10         teach professional standards of journalism to student
   11         journalists; defining terms; prohibiting school
   12         districts from restricting the publication or
   13         broadcast of certain materials; requiring school
   14         districts to show prior justification for limiting
   15         student journalist expression; providing that student
   16         journalists must be afforded the opportunity to appeal
   17         such limitations; providing construction; prohibiting
   18         school districts from disciplining students or student
   19         media advisors for the exercise of constitutionally
   20         protected freedom of the press; prohibiting school
   21         districts from retaliating against student media
   22         advisors who engage in specified conduct; requiring
   23         codes of student conduct to meet certain requirements;
   24         providing requirements for such codes of conduct;
   25         providing that student expression may not be deemed an
   26         expression of school district policy; providing that
   27         school districts may not be held liable for student
   28         expression; authorizing student journalists and
   29         student media advisors to institute proceedings for
   30         injunctive or declaratory relief and reasonable
   31         attorney fees; providing exceptions; amending s.
   32         1004.097, F.S.; defining terms; providing that student
   33         journalists have the right to exercise freedom of
   34         speech and freedom of the press in media sponsored by
   35         public institutions of higher education; requiring
   36         that determinations regarding news, opinion, feature,
   37         and advertising content of institution-sponsored media
   38         be made by student journalists; authorizing student
   39         media advisors to teach professional standards of
   40         journalism to student journalists; prohibiting public
   41         institutions of higher education from restricting the
   42         publication or broadcast of certain materials;
   43         requiring public institutions of higher education to
   44         show prior justification for restricting student
   45         journalist expression; requiring that students have an
   46         opportunity to appeal such restriction; providing
   47         construction; prohibiting public institutions of
   48         higher education from disciplining students or student
   49         media advisors for the exercise of constitutionally
   50         protected freedom of speech and freedom of the press;
   51         prohibiting public institutions of higher education
   52         from retaliating against student media advisors who
   53         engage in specified conduct; requiring public
   54         institutions of higher education to adopt a written
   55         policy for the exercise of student journalist rights;
   56         specifying requirements of such written policy;
   57         providing that student expression may not be deemed an
   58         expression of public institution of higher education
   59         policy; providing that public institutions of higher
   60         education may not be held liable for student
   61         expression; authorizing student journalists and
   62         student media advisors to institute proceedings for
   63         injunctive or declaratory relief and reasonable
   64         attorney fees; providing exceptions; providing an
   65         effective date.
   66  
   67         WHEREAS, freedom of speech and freedom of the press are
   68  fundamental rights in our democratic society granted by the
   69  First Amendment to the United States Constitution and Article I
   70  of the State Constitution, and
   71         WHEREAS, a robust and free student press is critical to the
   72  development of young people so that they may become informed,
   73  civic-minded adults, and
   74         WHEREAS, student journalists in this state are being denied
   75  their right to free expression, a right that is guaranteed to
   76  other students, and their work is being censored when the speech
   77  of other students could not be infringed upon, and
   78         WHEREAS, teachers in this state who defend their students’
   79  freedom of expression do so at great professional risk, and
   80         WHEREAS, school-sponsored media in our public schools and
   81  public institutions of higher education in this state should
   82  foster students’ intellectual and personal growth and encourage
   83  them to become educated, informed, and responsible members of
   84  society, NOW, THEREFORE,
   85  
   86  Be It Enacted by the Legislature of the State of Florida:
   87  
   88         Section 1. Section 1003.4506, Florida Statutes, is created
   89  to read:
   90         1003.4506Protection of freedom of the press in schools.
   91  Except as provided in subsection (9), a student journalist has
   92  the right to freedom of the press in the publication or
   93  broadcast of school-sponsored media, regardless of whether the
   94  school-sponsored media is supported financially by a public
   95  school, uses the facilities of a public school, or is produced
   96  in conjunction with a public school course or class in which the
   97  student is enrolled. The determination of news, opinion,
   98  feature, and advertising content of school-sponsored media must
   99  be made by student journalists in conformance with this section
  100  under the guidance of student media advisors, who may teach
  101  professional standards of journalism.
  102         (1)As used in this section, the term:
  103         (a)“School-sponsored media” means material that is written
  104  or prepared for publication or broadcast in any medium by a
  105  student journalist under the guidance of a student media advisor
  106  and distributed or made generally available to members of the
  107  student body. The term does not include media intended for
  108  distribution or transmission for classroom or instructional
  109  purposes only.
  110         (b)“Student journalist” means a public school student in
  111  grade 6-12 who gathers, compiles, writes, edits, photographs,
  112  records, or otherwise prepares information for inclusion in
  113  school-sponsored media.
  114         (c)“Student media advisor” means an individual, board, or
  115  other entity employed, appointed, or designated by a public
  116  school to provide guidance to students in the production of
  117  school-sponsored media or provide instruction relating to
  118  school-sponsored media.
  119         (2)Except as provided in subsection (9), a school district
  120  may not restrict the publication or broadcast of material
  121  prepared for school-sponsored media. A school district has the
  122  burden of proof in demonstrating, before imposing any
  123  restriction, that the material is subject to this exception, and
  124  a student journalist must be afforded the opportunity to appeal
  125  any such restriction.
  126         (3)This section may not be construed as authorizing the
  127  publication of an advertisement in school-sponsored media which
  128  promotes the purchase of a product or service that is unlawful
  129  for purchase or use by minors.
  130         (4)A school district may not discipline a student
  131  journalist or a student media advisor for the exercise of
  132  constitutionally protected freedom of the press.
  133         (5)A school district may not dismiss, suspend, discipline,
  134  reassign, transfer, or otherwise retaliate against a student
  135  media advisor for any of the following:
  136         (a)Refusing to infringe on conduct protected by this
  137  section or the First Amendment to the United States Constitution
  138  and Art. I of the State Constitution.
  139         (b)Acting to protect a student journalist engaged in
  140  conduct permissible under this section or protected by the First
  141  Amendment to the United States Constitution and Art. I of the
  142  State Constitution.
  143         (6)Provisions relating to free speech and school-sponsored
  144  media in the code of student conduct adopted by each school
  145  district pursuant to s. 1006.07(2)(c) must comport with this
  146  section and must provide:
  147         (a)For the time, place, and manner of distribution of
  148  materials produced pursuant to this section.
  149         (b)A process for the timely appeal within the school
  150  district of school district decisions made pursuant to this
  151  section.
  152         (7)Except as provided in subsection (9), material written
  153  or prepared by a student journalist for publication or broadcast
  154  in school-sponsored media in the exercise of his or her free
  155  speech rights may not be deemed to be an expression of school
  156  district policy, and a school district may not be held civilly
  157  or criminally liable for the publication or broadcast of such
  158  material.
  159         (8)A student journalist, individually or through a parent
  160  or guardian, or a student media advisor may institute
  161  proceedings to obtain declaratory and injunctive relief,
  162  reasonable court costs, and attorney fees in a court of
  163  competent jurisdiction for violations of the rights provided in
  164  this section. This section may not be construed to create a
  165  private cause of action for a student journalist other than to
  166  seek injunctive relief to allow the publication or broadcast of
  167  material in school-sponsored media.
  168         (9)This section does not apply to material written or
  169  prepared by a student journalist for publication or broadcast
  170  which meets any of the following criteria:
  171         (a)Is libelous or slanderous.
  172         (b)Constitutes an unwarranted invasion of privacy.
  173         (c)Is obscene.
  174         (d)Violates federal or state law.
  175         (e)So incites students as to create a clear and present
  176  danger of the commission of an unlawful act, the violation of a
  177  school district policy, or the material and substantial
  178  disruption of the orderly operation of a public school. For
  179  purposes of this paragraph, a school district must base a
  180  finding that the publication or broadcast of material would
  181  result in the material and substantial disruption of the orderly
  182  operation of a public school on specific facts, including, but
  183  not limited to, past experience in the school district and
  184  current events influencing student behavior, and may not base
  185  such a finding on undifferentiated fear or apprehension.
  186         Section 2. Present paragraphs (c) through (f) of subsection
  187  (2) of section 1004.097, Florida Statutes, are redesignated as
  188  paragraphs (d) through (g), respectively, a new paragraph (c)
  189  and paragraphs (h) and (i) are added to that subsection, and a
  190  new paragraph (h) is added to subsection (3) of that section, to
  191  read:
  192         1004.097 Free expression on campus.—
  193         (2) DEFINITIONS.—As used in this section, the term:
  194         (c)“Institution-sponsored media” means any material that
  195  is written or prepared for publication or broadcast in any
  196  medium by a student journalist under the guidance of a student
  197  media advisor and distributed or made generally available to
  198  members of the student body of a public institution of higher
  199  education. The term does not include media intended for
  200  distribution or transmission for classroom or instructional
  201  purposes only.
  202         (h)“Student journalist” means a public institution of
  203  higher education student who gathers, compiles, writes, edits,
  204  photographs, records, or otherwise prepares information for
  205  inclusion in institution-sponsored media.
  206         (i)“Student media advisor” means an individual, a board,
  207  or other entity employed, appointed, or designated by a public
  208  institution of higher education to provide guidance to students
  209  in the production of institution-sponsored media or provide
  210  instruction relating to institution-sponsored media.
  211         (3) RIGHT TO FREE-SPEECH ACTIVITIES AND FREEDOM OF THE
  212  PRESS.—
  213         (a) Expressive activities protected under the First
  214  Amendment to the United States Constitution and Art. I of the
  215  State Constitution include, but are not limited to, any lawful
  216  oral or written communication of ideas, including all forms of
  217  peaceful assembly, protests, and speeches; distributing
  218  literature; carrying signs; circulating petitions; faculty
  219  research, lectures, writings, and commentary, whether published
  220  or unpublished; and the recording and publication, including the
  221  Internet publication, of video or audio recorded in outdoor
  222  areas of campus. Expressive activities protected by this section
  223  do not include defamatory or commercial speech.
  224         (b) A person who wishes to engage in an expressive activity
  225  in outdoor areas of campus may do so freely, spontaneously, and
  226  contemporaneously as long as the person’s conduct is lawful and
  227  does not materially and substantially disrupt the functioning of
  228  the public institution of higher education or infringe upon the
  229  rights of other individuals or organizations to engage in
  230  expressive activities.
  231         (c) Outdoor areas of campus are considered traditional
  232  public forums for individuals, organizations, and guest
  233  speakers. A public institution of higher education may create
  234  and enforce restrictions that are reasonable and content-neutral
  235  on time, place, and manner of expression and that are narrowly
  236  tailored to a significant institutional interest. Restrictions
  237  must be clear and published and must provide for ample
  238  alternative means of expression.
  239         (d) A public institution of higher education may not
  240  designate any area of campus as a free-speech zone or otherwise
  241  create policies restricting expressive activities to a
  242  particular outdoor area of campus, except as provided in
  243  paragraph (c).
  244         (e) Students, faculty, or staff of a public institution of
  245  higher education may not materially disrupt previously scheduled
  246  or reserved activities on campus occurring at the same time.
  247         (f) A Florida College System institution or a state
  248  university may not shield students, faculty, or staff from
  249  expressive activities.
  250         (g) Notwithstanding s. 934.03 and subject to the
  251  protections provided in the Family Educational Rights and
  252  Privacy Act of 1974, 20 U.S.C. s. 1232g, and ss. 1002.22 and
  253  1002.225, a student may record video or audio of class lectures
  254  for their own personal educational use, in connection with a
  255  complaint to the public institution of higher education where
  256  the recording was made, or as evidence in, or in preparation
  257  for, a criminal or civil proceeding. A recorded lecture may not
  258  be published without the consent of the lecturer.
  259         (h)1.Except as provided in subparagraph 9., a student
  260  journalist has the right to freedom of the press in institution
  261  sponsored media regardless of whether the media is supported
  262  financially by the public institution of higher education, uses
  263  the facilities of the institution, or is produced in conjunction
  264  with a course or class in which the student is enrolled. Subject
  265  to subparagraph 9., the determination of the news, opinion,
  266  feature, and advertising content of institution-sponsored media
  267  must be made in conformance with this paragraph by student
  268  journalists under the guidance of a student media advisor.
  269  Student media advisors may teach professional standards of
  270  journalism to student journalists.
  271         2.Except as provided in subparagraph 9., a public
  272  institution of higher education may not restrict the publication
  273  or broadcast of material prepared for institution-sponsored
  274  media. A public institution of higher education has the burden
  275  of proof in demonstrating, before imposing any restriction, that
  276  the material is subject to this exception, and a student
  277  journalist must be afforded the opportunity to appeal any such
  278  restriction.
  279         3.This paragraph may not be construed as authorizing the
  280  publication of an advertisement in institution-sponsored media
  281  which promotes the purchase of a product or service that is
  282  unlawful for purchase or use by minors.
  283         4.A public institution of higher education may not
  284  discipline a student journalist or a media advisor for the
  285  exercise of constitutionally protected freedom of speech and
  286  freedom of the press.
  287         5.A public institution of higher education may not
  288  dismiss, suspend, discipline, reassign, transfer, or otherwise
  289  retaliate against a student media advisor for any of the
  290  following:
  291         a.Refusing to infringe on conduct that is protected by
  292  this paragraph or the First Amendment to the United States
  293  Constitution and Art. I of the State Constitution.
  294         b.Acting to protect a student journalist engaged in
  295  conduct permissible under this paragraph or protected by the
  296  First Amendment to the United States Constitution and Art. I of
  297  the State Constitution.
  298         6.Each public institution of higher education shall adopt
  299  a written policy for the exercise of the right of student
  300  journalists to freedom of speech and freedom of the press in
  301  institution-sponsored media in accordance with this paragraph.
  302  The policy must include both of the following:
  303         a.Reasonable provisions for the time, place, and manner of
  304  distribution of student expression.
  305         b.Provision for the timely appeal within the institution
  306  of decisions made pursuant to this paragraph.
  307         7.Except as provided in subparagraph 9., material that is
  308  written or prepared by a student journalist for publication or
  309  broadcast in institution-sponsored media in the exercise of his
  310  or her free speech rights may not be deemed to be an expression
  311  of the policy of the public institution of higher education, and
  312  a public institution of higher education may not be held civilly
  313  or criminally liable for any publication or broadcast of such
  314  material.
  315         8.A student journalist or student media advisor may
  316  institute proceedings to obtain declaratory and injunctive
  317  relief, reasonable court costs, and attorney fees in a court of
  318  competent jurisdiction for violations of the rights provided in
  319  this paragraph. This paragraph may not be construed to create a
  320  private cause of action for a student journalist other than to
  321  seek injunctive relief to allow the publication or broadcast of
  322  material in institution-sponsored media.
  323         9.This paragraph does not authorize or protect expression
  324  by a student which meets any of the following criteria:
  325         a.Is libelous or slanderous.
  326         b.Constitutes an unwarranted invasion of privacy.
  327         c.Is obscene.
  328         d.Violates federal or state law.
  329         e.So incites students as to create a clear and present
  330  danger of the commission of an unlawful act, the violation of a
  331  lawful public institution of higher education policy, or the
  332  material and substantial disruption of the orderly operation of
  333  the public institution of higher education. For purposes of this
  334  sub-subparagraph, a public institution of higher education must
  335  base a finding that the publication or broadcast of material
  336  would result in the material and substantial disruption of the
  337  orderly operation of the institution on specific facts,
  338  including, but not limited to, past experience in the public
  339  institution of higher education and current events influencing
  340  student behavior, and may not base such a finding on
  341  undifferentiated fear or apprehension.
  342         Section 3. This act shall take effect July 1, 2022.