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LEGISLATURE OF NEBRASKA
ONE HUNDRED SIXTH LEGISLATURE
FIRST SESSION
LEGISLATIVE BILL 206
Introduced by Morfeld, 46.
Read first time January 11, 2019
Committee: Judiciary
1 A BILL FOR AN ACT relating to journalism; to define terms; to provide
2 protection for freedom of speech and freedom of the press for
3 student journalists; to provide protection for student media
4 advisers; to provide immunity for schools; and to provide
5 exceptions.
6 Be it enacted by the people of the State of Nebraska,
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1 Section 1. (1) For purposes of this section:
2 (a) Postsecondary educational institution means the University of
3 Nebraska, a state college, a private college or university, or a
4 community college;
5 (b) School-sponsored media means any material that is (i) prepared,
6 substantially written, published, or broadcast by a student journalist at
7 a postsecondary educational institution, (ii) distributed or generally
8 made available to members of the student body, and (iii) prepared under
9 the direction of a student media adviser. School-sponsored media does not
10 include any media intended for distribution or transmission solely for
11 the class in which the media is produced;
12 (c) Student journalist means a student at a postsecondary
13 educational institution who gathers, compiles, writes, edits,
14 photographs, records, or prepares information of a journalistic nature
15 for dissemination in school-sponsored media; and
16 (d) Student media adviser means an individual employed, appointed,
17 or designated by a postsecondary educational institution to supervise or
18 provide instruction relating to school-sponsored media.
19 (2)(a) All school-sponsored media are deemed to be public forums.
20 Subject to subsection (3) of this section, a student journalist has a
21 right to exercise freedom of speech and of the press in school-sponsored
22 media, regardless of whether the media is supported financially by the
23 postsecondary educational institution, supported by the use of the
24 facilities of such institution, or produced in conjunction with a class
25 in which the student journalist is enrolled.
26 (b) Subject to subsection (3) of this section, each student
27 journalist is responsible for determining the news, opinion, feature,
28 sports, and advertising content such student produces for school-
29 sponsored media. This subdivision shall not be construed to prevent a
30 student media adviser from teaching professional standards of English and
31 journalism to student journalists.
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1 (3) This section does not authorize or protect expression by a
2 student journalist that:
3 (a) Is libelous or slanderous;
4 (b) Constitutes an unwarranted invasion of privacy;
5 (c) Violates federal or state law; or
6 (d) So incites students as to create a clear and present danger of
7 (i) the commission of an unlawful act, (ii) a violation of the policies
8 of a postsecondary educational institution, or (iii) the material and
9 substantial disruption of the orderly operation of such institution.
10 (4) A student journalist shall not be disciplined for acting in
11 accordance with subsection (2) of this section.
12 (5) A student media adviser shall not be dismissed, suspended,
13 disciplined, reassigned, transferred, or otherwise retaliated against
14 for:
15 (a) Acting to protect a student journalist engaged in conduct under
16 subsection (2) of this section; or
17 (b) Refusing to infringe upon conduct that is protected by
18 subsection (2) of this section or the First Amendment to the Constitution
19 of the United States.
20 (6) No publication or other expression of matter by a student
21 journalist in the exercise of rights under this section shall be deemed
22 to be an expression of a postsecondary educational institution's policy.
23 No postsecondary educational institution, its employees or agents, or its
24 governing authority or the members of its governing authority shall be
25 held responsible in any civil or criminal action for any publication or
26 other expression of matter by a student journalist in the exercise of
27 rights under subsection (2) of this section.
28 Sec. 2. For purposes of this section:
29 (a) Public high school means any high school operated by a school
30 district;
31 (b) School-sponsored media means any material that is (i) prepared,
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1 substantially written, published, or broadcast by a student journalist at
2 a public high school, (ii) distributed or generally made available to
3 members of the student body, and (iii) prepared under the direction of a
4 student media adviser. School-sponsored media does not include any media
5 intended for distribution or transmission solely for the class in which
6 the media is produced;
7 (c) Student journalist means a public high school student who
8 gathers, compiles, writes, edits, photographs, records, or prepares
9 information of a journalistic nature for dissemination in school-
10 sponsored media; and
11 (d) Student media adviser means an individual employed, appointed,
12 or designated by a public high school to supervise or provide instruction
13 relating to school-sponsored media.
14 (2)(a) All school-sponsored media are deemed to be public forums.
15 Subject to subsection (3) of this section, a student journalist has a
16 right to exercise freedom of speech and of the press in school-sponsored
17 media, regardless of whether the media is supported financially by the
18 public high school, supported by the use of the facilities of such
19 school, or produced in conjunction with a class in which the student
20 journalist is enrolled.
21 (b) Subject to subsection (3) of this section, each student
22 journalist is responsible for determining the news, opinion, feature,
23 sports, and advertising content such student produces for school-
24 sponsored media. This subdivision shall not be construed to prevent a
25 student media adviser from teaching professional standards of English and
26 journalism to student journalists.
27 (3) This section does not authorize or protect expression by a
28 student journalist that:
29 (a) Is libelous or slanderous;
30 (b) Constitutes an unwarranted invasion of privacy;
31 (c) Violates federal or state law; or
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1 (d) So incites students as to create a clear and present danger of
2 (i) the commission of an unlawful act or (ii) a violation of the policies
3 of a public high school that could cause the material and substantial
4 disruption of the orderly operation of such school.
5 (4) A student journalist shall not be disciplined for acting in
6 accordance with subsection (2) of this section.
7 (5) A student media adviser shall not be dismissed, suspended,
8 disciplined, reassigned, transferred, or otherwise retaliated against
9 for:
10 (a) Acting to protect a student journalist engaged in conduct under
11 subsection (2) of this section; or
12 (b) Refusing to infringe upon conduct that is protected by
13 subsection (2) of this section or the First Amendment to the Constitution
14 of the United States.
15 (6) No publication or other expression of matter by a student
16 journalist in the exercise of rights under this section shall be deemed
17 to be an expression of a public high school's policy. No public high
18 school, member of a school board, or employee of such school or board
19 shall be held responsible in any civil or criminal action for any
20 publication or other expression of matter by a student journalist in the
21 exercise of rights under subsection (2) of this section.
22 (7) Public high schools and student media advisers shall make
23 efforts to utilize the resources and programs of state public and private
24 universities and colleges and of state professional journalism
25 organizations to obtain training and advice on mass media law and ethics
26 for student media advisers and student journalists.
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