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 1003.4506 Protection 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.