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Public Act 095-0580


 

Public Act 0580 95TH GENERAL ASSEMBLY



 


 
Public Act 095-0580
 
SB0729 Enrolled LRB095 10231 NHT 30445 b

    AN ACT concerning education.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 1. Short title. This Act may be cited as the
College Campus Press Act.
 
    Section 5. Definitions. For purposes of this Act:
    "Campus media" means any matter that is prepared,
substantially written, published, or broadcast by students at
State-sponsored institutions of higher learning, that is
distributed or generally made available, either free of charge
or for a fee, to members of the student body, and that is
prepared under the direction of a student media adviser.
"Campus media" does not include media that is intended for
distribution or transmission solely in the classrooms in which
it is produced.
    "Campus policy" means the views and positions of
State-sponsored institutions of higher learning promulgated by
administrators, officials, or other agents of these
institutions.
    "Collegiate media adviser" means a person who is employed,
appointed, or designated by the State-sponsored institution of
higher learning to supervise or provide instruction relating to
campus media.
    "Collegiate student editor" means a student at a
State-sponsored institution of higher learning who edits
information prepared by collegiate student journalists for
dissemination in campus media.
    "Collegiate student journalist" means a student at a
State-sponsored institution of higher learning who gathers,
compiles, writes, photographs, records, or prepares
information for dissemination in campus media.
    "Prevailing party" includes any party who obtains some of
his or her requested relief through judicial judgment in his or
her favor, who obtains some of his or her requested relief
through a settlement agreement approved by the court, or whose
pursuit of a non-frivolous claim was a catalyst for a
unilateral change in position by the opposing party relative to
the relief sought.
    "State-sponsored institution of higher learning" means the
University of Illinois, Southern Illinois University, Chicago
State University, Eastern Illinois University, Governors State
University, Illinois State University, Northeastern Illinois
University, Northern Illinois University, Western Illinois
University, and public community colleges subject to the Public
Community College Act.
 
    Section 10. Public forum. All campus media produced
primarily by students at a State-sponsored institution of
higher learning is a public forum for expression by the student
journalists and editors at the particular institution. Campus
media, whether campus-sponsored or noncampus-sponsored, is not
subject to prior review by public officials of a
State-sponsored institution of higher learning.
 
    Section 15. Grammar and journalism standards. Collegiate
student editors of campus media are responsible for determining
the news, opinions, feature content, and advertising content of
campus media. This Section does not prevent a collegiate media
adviser from teaching professional standards of grammar and
journalism to collegiate student journalists. A collegiate
media adviser must not be terminated, transferred, removed,
otherwise disciplined, or retaliated against for refusing to
suppress protected free expression rights of collegiate
student journalists and of collegiate student editors.
 
    Section 20. Injunction and declaratory relief. A
collegiate student enrolled in a State-sponsored institution
of higher learning or a collegiate media advisor of a
State-sponsored institution of higher learning may commence a
civil action to obtain appropriate injunctive and declaratory
relief as determined by a court for violation of Section 10 of
this Act by such State-sponsored institution of higher
learning. Upon motion, a court may award attorney's fees to a
prevailing party in a civil action brought under this Section.
 
    Section 25. Campus policy and speech distinguished.
Expression made by a collegiate student journalist, collegiate
student editor, or other contributor in campus media is neither
an expression of campus policy nor speech attributable to a
State-sponsored institution of higher learning.
 
    Section 30. Discipline; unprotected speech. Nothing in
this Act prohibits the imposition of discipline for harassment,
threats, or intimidation, unless constitutionally protected,
or for speech that is not constitutionally protected, including
obscenity or incitement.
 
    Section 35. Immunity. A State-sponsored institution of
higher learning shall be immune from any lawsuit arising from
expression actually made in campus media, with the exception of
the institution's own expression.
 
    Section 97. Severability. The provisions of this Act are
severable under Section 1.31 of the Statute on Statutes.

Effective Date: 6/1/2008