90th General Assembly
Summary of HB0154
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SCH CD-FREEDOM OF EXPRESSION                                               

Synopsis of Bill as introduced:
        Amends the School Code.  Gives public school students  the  right      
   to  exercise  freedom  of  speech  and  freedom  of  the press through      
   publication and distribution of expression in  publications  that  are      
   school  sponsored,  whether  or  not  the  publications  are supported      
   financially by the school, by the use of  school  facilities,  or  are      
   produced  in  conjunction  with  a  class.   Limits  certain  types of      
   expression such  as  expression  that  incites  students  to  imminent      
   lawless   action.    Makes   student   editors   of   school-sponsored      
   publications   responsible   for   determining   the  content  of  the      
   publications  subject  to  prescribed   limitations   and   standards.      
   Requires  school  boards  to  adopt  a  freedom  of expression policy.      
   Protects school districts and officials that have not interfered  with      
   or  altered  the  content of student expression from civil or criminal      
   liability for expressions made or published by  students.   Authorizes      
   actions  for  injunctive  or  declaratory relief to enforce freedom of      
   expression rights.                                                          
        HOUSE AMENDMENT NO. 1.                                                 
        Replaces everything after the  enacting  clause.   Provides  that      
   public  high school students have the right to exercise freedom of the      
   press and that expressions contained in a high  school  newspaper  are      
   not  subject  to  prior  restraint  except  for  expressions  that are      
   libelous, obscene, or harmful to  minors,  constitute  an  unwarranted      
   invasion  of  privacy,  or incite students to imminent lawless action.      
   Provides that the governing board of a school district that  publishes      
   a  high  school  newspaper shall adopt a student freedom of expression      
   policy.  Adds provisions relative to  the  responsibility  of  student      
   editors   of  high  school  newspapers  and  of  journalism  advisors.      
   Authorizes injunctive or declaratory relief actions to enforce  rights      
   provided by the amendatory Act, provides that school districts are not      
   required  to  have  a  student  newspaper  and are not prohibited from      
   adopting otherwise valid rules  relating  to  certain  oral  or  other      
   written student materials, and adds a severability clause.                  
          FISCAL NOTE, H-AM 1 (State Board of Education)                       
          There should not be an increased fiscal burden for districts.        
          STATE MANDATES FISCAL NOTE, H-AM 1 (SBE)                             
          No change from SBE fiscal note.                                      
Last action on Bill: TOTAL VETO STANDS

   Last action date: 97-11-14

           Location: House

 Amendments to Bill: AMENDMENTS ADOPTED: HOUSE -   1     SENATE -   0


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