SB386 By Senator Whatley RFD Education and Youth Affairs Rd 1 05-APR-16

SYNOPSIS: This bill would authorize public institutions of higher education in Alabama to adopt a written policy for freedom of speech and freedom of the press for student journalists.

A BILL TO BE ENTITLED AN ACT

Relating to college and university-sponsored media and student journalists; to allow university boards to establish a university-sponsored media policy for student journalists; to define terms; to state that student journalists may exercise lawful freedom of speech and freedom of the press; to provide for speech that is not considered free speech; to provide that expression of speech by a student journalist is not deemed an expression of university policy; and to absolve universities from liability for student journalist expressions of speech.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

Section 1. (a) As used in this section, the following words have the following meanings:

(1) INSTITUTION OF HIGHER EDUCATION. A four-year university located in Alabama which offers a bachelor's degree or higher advanced degrees.

(2) UNIVERSITY-SPONSORED MEDIA. Any material that is:

a. Prepared, written, published, or broadcast by a student journalist at a public institution of higher education; and

b. Distributed or generally made available to members of the student body.

c. The term university-sponsored media does not include material that is intended for distribution or transmission solely in the classroom in which the material is produced.

(3) UNIVERSITY POLICY. The policy established by the institution's board of trustees or its administration acting on behalf of the board of trustees.

Section 2. Each institution of higher education under the authority of a separate board of trustees may adopt a written university policy regarding policies for freedom of speech for university-sponsored media, which shall include reasonable provisions. The board shall make the policy available to the students and their parents.

Section 3. (a) A student journalist may exercise freedom of speech and freedom of the press in university-sponsored media, to the fullest extent permitted by law.

(b) Students shall not express, publish, or distribute any of the following:

(1) Materials that are libelous or slanderous.

(2) Materials that constitute an unwarranted invasion of privacy.

(3) Materials that violate federal or state law.

(4) Materials that incite students to create a clear and present danger of the commission of an unlawful act, the violation of university policies, or the material and substantial disruption of the orderly operation of an institution of higher education.

(5) Materials that are obscene.

Section 4. Any expression made by student journalists in the exercise of free speech shall not be deemed to be an expression of university policy, its employees, or officials, nor shall the university be liable in any civil or criminal action for any student journalist expression made or published through any university-sponsored media.

Section 5. This act shall become effective October 1, 2016.

Colleges and Universities

Newspapers

Constitutional Rights

Students