HOUSE BILL NO. 4849
A bill to protect freedom of expression for student journalists in public high schools and state institutions of higher education; to protect freedom of expression for students of public schools and state institutions of higher education; to prescribe the powers and duties of certain state and local governmental officers and entities; and to provide remedies.
the people of the state of michigan enact:
Sec. 1. This act may be cited as the "student free press act".
(a) "Public high school" means a public school that operates at least 1 of grades 9 to 12.
(b) "Public school" means that term as defined in section 5 of the revised school code, 1976 PA 451, MCL 380.5.
(c) "School-sponsored media" means any material that is prepared, substantially written, published, or broadcast by a student journalist at a public high school or state institution of higher education, is distributed or generally made available to members of the student body, and is prepared under the direction of a student media advisor. The term does not include any material intended for distribution or transmission solely in the classroom in which the material is produced.
(d) "State institution of higher education" means a public community or junior college established under section 7 of article VIII of the state constitution of 1963 or part 25 of the revised school code, 1976 PA 451, MCL 380.1601 to 380.1607, or a state university described in section 4, 5, or 6 of article VIII of the state constitution of 1963.
(e) "Student journalist" means a student of a public high school or state institution of higher education who gathers, compiles, writes, edits, photographs, records, or prepares information for dissemination in school-sponsored media.
(f) "Student media advisor" means an individual employed, appointed, or designated by a public high school or state institution of higher education to supervise or provide instruction relating to school-sponsored media.
Sec. 3. All of the following apply to school-sponsored media:
(a) That media is to be considered a traditional public forum for expression by the student journalists, and any regulation of that expression by any agent, employee, or official of the public high school or state institution of higher education, or any other state or local actor, is valid only if the regulation is narrowly tailored to serve a compelling state interest and does not discriminate against any student journalist based on the student journalist's views.
(b) A student journalist's right to free expression described in subdivision (a) applies regardless of whether the media is supported financially by the public high school or state institution of higher education, is produced using facilities of the public high school or state institution of higher education, or is produced in conjunction with a class in which the student journalist is enrolled.
(c) The provisions of subdivisions (a) and (b) do not prohibit a student media advisor from teaching professional standards of English and journalism to student journalists or prohibit public high schools, state institutions of higher education, or student media advisors from regulating the number, length, frequency, and format of the media.
Sec. 4. A student media advisor must not be dismissed, suspended, disciplined, reassigned, transferred, or otherwise retaliated against solely for either of the following reasons:
(a) Acting reasonably to protect the exercise of the rights of a student journalist described in section 3.
(b) Refusing to act in a manner that would infringe on the exercise of the rights of a student journalist described in section 3.
Sec. 5. Publication or other expression of ideas by a student journalist in the exercise of rights under section 3 is not attributable to the public high school or state institution of higher education as an expression of the policy of the public high school or state institution of higher education, and all of the following are immune to any civil liability or criminal responsibility for any publication or other expression of ideas by a student journalist exercising rights protected under section 3:
(a) The public high school or state institution of higher education that sponsored the media in which the student journalist exercised the student journalist's rights under section 3.
(b) Any board, district, or other governing body or entity of the public high school or state institution of higher education described in subdivision (a).
(c) Any agent, employee, official, or member of the public high school or state institution of higher education described in subdivision (a), or of the board, district, or other governing body or entity described in subdivision (b).
Sec. 6. (1) Subject to a regulation described in subsection (2), a student enrolled in a public school or state institution of higher education has a fundamental right to the freedom of speech or expression that includes, but is not limited to, the right to do all of the following while present on the public school's or state institution of higher education's property:
(a) Speak, write, or publish freely, including while the student is at a forum sponsored by the public school or state institution.
(b) Distribute literature in common areas and common walkways of the public school or state institution of higher education.
(c) Wear symbols or attire that express a political, religious, or philosophical viewpoint.
(d) Organize peaceful demonstrations.
(e) Access school media, digital or otherwise, without prior restraint.
(2) Except for speech regulated under subsection (3), any regulation of a student's right under subsection (1) by any agent, employee, or official of the public school or state institution of higher education, or any other state or local actor, is valid only if the regulation meets strict scrutiny and is the least restrictive means of achieving a compelling state interest.
(3) Notwithstanding subsection (2), a public school or state institution of higher education may impose content-neutral, time, place, and manner restrictions that satisfy intermediate scrutiny, or restrict speech that incites imminent lawless action or causes a substantial disruption to the educational environment in a specific classroom, and may not use overbroad definitions for a classroom, as defined under applicable First Amendment of the Constitution of the United States jurisprudence.
Sec. 7. (1) A student or student organization that alleges a violation of this act may bring a civil action for injunctive relief, declaratory relief, and actual damages.
(2) A prevailing plaintiff is entitled to reasonable attorney fees and costs.
Enacting section 1. This act takes effect 90 days after the date it is enacted into law.