A bill for an act
relating to education; clarifying speech and press rights of student journalists in
grades 6 through 12; proposing coding for new law in Minnesota Statutes, chapter
121A.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
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(a) For purposes of this section, the terms defined in this
subdivision have the meanings given.
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(b) "School-sponsored media" means material that is:
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(1) prepared, wholly or substantially written, published, broadcast, or otherwise
disseminated by a student journalist enrolled in a school district or charter school;
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(2) distributed or generally made available to students in the school; and
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(3) prepared by a student journalist under the supervision of a student media adviser.
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School-sponsored media does not include material prepared solely for distribution or
transmission in the classroom in which the material is produced.
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(c) "School official" means a school principal under section 123B.147 or other person
having administrative control or supervision of a school.
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(d) "Student journalist" means a school district or charter school student in grades 6
through 12 who gathers, compiles, writes, edits, photographs, records, or otherwise prepares
information for dissemination in school-sponsored media.
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(e) "Student media adviser" means a qualified teacher, as defined in section 122A.16,
that a school district or charter school employs, appoints, or designates to supervise student
journalists or provide instruction relating to school-sponsored media.
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(a) Except as provided in subdivision
3, a student journalist has the right to exercise freedom of speech and freedom of the press
in school-sponsored media regardless of whether the school-sponsored media receives
financial support from the school or district, uses school equipment or facilities in its
production, or is produced as part of a class or course in which the student journalist is
enrolled. Freedom of speech includes freedom to express political viewpoints. Consistent
with subdivision 3, a student journalist has the right to determine the news, opinion, feature,
and advertising content of school-sponsored media. A school district or charter school must
not discipline a student journalist for exercising rights or freedoms under this paragraph or
the First Amendment of the United States Constitution.
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(b) A school district or charter school must not retaliate or take adverse employment
action against a student media adviser for supporting a student journalist exercising rights
or freedoms under paragraph (a) or the First Amendment of the United States Constitution.
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(c) Notwithstanding the rights or freedoms of this subdivision or the First Amendment
of the United States Constitution, nothing in this section inhibits a student media adviser
from teaching professional standards of English and journalism to student journalists.
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(a) This section does not authorize or protect student
expression that:
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(1) is defamatory;
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(2) is profane, harassing, threatening, or intimidating;
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(3) constitutes an unwarranted invasion of privacy;
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(4) violates federal or state law;
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(5) causes a material and substantial disruption of school activities; or
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(6) is directed to inciting or producing imminent lawless action on school premises or
the violation of lawful school policies or rules, including a policy adopted in accordance
with section 121A.03 or 121A.031.
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(b) A school or district must not authorize any prior restraint of school-sponsored media
except under paragraph (a).
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School districts and charter schools must adopt and
post a student journalist policy consistent with this section.
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This section is effective for the 2024-2025 school year and later.
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