91st General Assembly
Summary of HB0039
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Short description: 
SCH CD-FREEDOM OF EXPRESSION                                               

Synopsis of Bill as introduced:
        Amends  the  School  Code.   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 (State Board of Education)                               
          There will be no fiscal impact at the State level. Liability         
          costs to local school districts cannot be quantified.                
          STATE MANDATES NOTE (State Board of Education)                       
          No change from SBE fiscal note.                                      
        HOUSE AMENDMENT NO. 1.                                                 
        Provides that the limitations on student expression shall  be  as      
   determined  by  the principal or designated school official.  Provides      
   that the limitation on expression that so incites students as to cause      
   imminent lawless action shall instead be a limit on expression  likely      
   to cause imminent lawless action.  Provides that no expression made by      
   students  shall  be  deemed  to  be  an  expression  of school policy.      
   Removes  the  provision  that  makes  student  editors  of  newspapers      
   responsible  for  determining  the  advertising   content   of   their      
Last action on Bill: SESSION SINE DIE

   Last action date: 01-01-09

           Location: House

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


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