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.