College Campus Press Act

I'm a member of a college media adviser listserv. This means I hear daily how students and advisers are fighting (or not fighting) with school administrators over prior review/restraint.

Many of these advisers work at public universities. One adviser recently sent this along. I've highlighted the most interesting points. This is a move that speaks highly of the Illinois legislature and governor. It would be a dream come true to see more states, and universities, pass legislature/policies like this one. When you put faith in students, I can't help but see how it will be rewarded.

Note: Adviser is spelled with an "E." The Act itself gets this wrong under Sect. 20

College Campus Press Act

(SB0729 approved by the General Assembly in June 2007, signed by governor Aug. 31, 2007. Effective Jan. 1, 2008)

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:

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 non campus sponsored, is not subject to prior review by public officials of a State-sponsored institutions 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 not 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. (Fair enough, see SCOTUS for definition)

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 institutions own expression. (This would have come in handy when the Bison was sued by a local coffeehouse seven years ago for a negative review)