Illinois General Assembly - Bill Status for HB5902

Creates the Speech Rights of Student Journalists Act. Defines "student journalist" as a public high school student. Provides that a student journalist has the right to exercise freedom of speech and of the press in school-sponsored media, regardless of whether the media is supported financially by the school district or by use of school facilities or produced in conjunction with a class in which the student is enrolled. Provides that a student journalist is responsible for determining the news, opinion, feature, and advertising content of school-sponsored media. Provides that the Act does not authorize or protect expression by a student journalist that (1) is libelous or slanderous; (2) constitutes an unwarranted invasion of privacy; (3) violates federal or State law; or (4) so incites students as to create a clear and present danger of the commission of an unlawful act, the violation of policies of the school district, or the material and substantial disruption of the orderly operation of the school. Provides that an employee of a school district shall not be dismissed, suspended, disciplined, reassigned, transferred, or otherwise retaliated against solely for acting to protect a student journalist engaged in conduct authorized under the Act. Effective immediately.

Provides that the appropriate student journalist (rather than a student journalist) shall be responsible for determining the content of school-sponsored media. Sets forth provisions concerning the prior restraint of material. Provides that the Act does not authorize or protect expression by a student journalist that is libelous, slanderous, or obscene (rather than libelous or slanderous). Removes provisions concerning protections for authorized conduct. Provides that no expression made by students in the exercise of freedom of speech or freedom of the press shall be deemed to be an expression of school policy, and no school district or employee or parent, legal guardian, or official of the school district shall be held liable in any civil or criminal action for any expression made or published by students.

Provides that immunity from liability under the Act applies except in cases of willful or wanton conduct.

Provides that the Act does not authorize or protect expression that incites students to commit an unlawful act, to violate policies of the school district, or to materially and substantially disrupt the orderly operation of the school (rather than expression that so incites students as to create a clear and present danger of the commission of an unlawful act, the violation of policies of the school district, or the material and substantial disruption of the orderly operation of the school). Defines "school official". Makes other changes.

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