Introduced Version
SENATE BILL No. 225
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 21-41-9; IC 34-30-2-86.5.
Synopsis: Student media. Provides that media produced primarily by
students at a state educational institution are a public forum for
expression by the student journalists and editors at the institution and
are not subject to prior review by officials of the institution. Provides
that student editors of campus media are responsible for determining
the content of the media, with an exception for teaching professional
standards of grammar and journalism. Prohibits a student media
adviser from being disciplined or retaliated against for refusing to
suppress protected free expression rights. Allows a student or student
media adviser to commence a civil action to obtain appropriate
injunctive and declaratory relief, and provides for the awarding of
attorney's fees. Defines "campus policy", and allows for discipline for
unprotected speech. Specifies that a state educational institution is
immune from liability for expressions made in student media.
Effective: July 1, 2008.
Hershman
January 8, 2008, read first time and referred to Committee on Education and Career
Development.
Introduced
Second Regular Session 115th General Assembly (2008)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in
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Additions: Whenever a new statutory provision is being enacted (or a new constitutional
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NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in
this style type or
this style type reconciles conflicts
between statutes enacted by the 2007 Regular Session of the General Assembly.
SENATE BILL No. 225
A BILL FOR AN ACT to amend the Indiana Code concerning
higher education.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 21-41-9; (08)IN0225.1.1. -->
SECTION 1. IC 21-41-9 IS ADDED TO THE INDIANA CODE AS
A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2008]:
Chapter 9. Student Media Programs
Sec. 1. As used in this chapter, "campus policy" means the views
and positions of a state educational institution issued by
administrators, officials, or agents of the state educational
institution.
Sec. 2. As used in this chapter, "student editor" means a student
at a state educational institution who edits information prepared
by student journalists for dissemination in student media.
Sec. 3. As used in this chapter, "student journalist" means a
student at a state educational institution who gathers, compiles,
writes, photographs, records, or prepares information for
dissemination in student media.
Sec. 4. (a) As used in this chapter, "student media" means any
matter that is:
(1) prepared, substantially written, published, or broadcast by
students at a state educational institution;
(2) distributed or generally made available, either free of
charge or for a fee, to members of the student body; and
(3) prepared under the direction of a student media adviser.
(b) The term does not include media that are intended for
distribution or transmission solely in the classrooms in which the
media are produced.
Sec. 5. As used in this chapter, "student media adviser" means
an individual who is employed, appointed, or designated by a state
educational institution to supervise or provide instruction relating
to student media.
Sec. 6. (a) Student media produced primarily by students at a
state educational institution are a public forum for expression by
student journalists, student editors, students, faculty, and other
contributors at that state educational institution.
(b) Student media, whether or not sponsored by a state
educational institution, are not subject to prior review by officials
of the state educational institution.
Sec. 7. (a) Student editors of student media are responsible for
determining the news, opinions, feature content, and advertising
content of student media.
(b) This section does not prevent a student media adviser from
teaching professional standards of grammar and journalism to
student journalists.
(c) A student media adviser may not be terminated, transferred,
removed, otherwise disciplined, or retaliated against for refusing
to suppress protected free expression rights of student journalists,
student editors, or other contributors to student media.
Sec. 8. (a) A student enrolled in a state educational institution or
a student media adviser of a state educational institution may
commence a civil action to obtain appropriate injunctive and
declaratory relief as determined by a court for violation of section
7 of this chapter by the state educational institution.
(b) Upon motion, a court may award attorney's fees to a
prevailing party in a civil action brought under this section.
Sec. 9. Expressions made by a student journalist, student editor,
or other contributor to student media are not:
(1) expressions of campus policy; or
(2) speech attributable to a state educational institution.
Sec. 10. Nothing in this chapter prohibits the imposition of
discipline for:
(1) harassment, threats, or intimidation, unless
constitutionally protected; or
(2) speech that is not constitutionally protected, including
obscenity or incitement.
Sec. 11. A state educational institution is immune from liability
arising from expression actually made in student media, with the
exception of the state educational institution's own expressions.
SOURCE: IC 34-30-2-86.5; (08)IN0225.1.2. -->
SECTION 2. IC 34-30-2-86.5 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2008]:
Sec. 86.5. IC 21-41-9-11 (Concerning
a state educational institution for expressions made in student
media).