Testimony by HB 3279 sponsor Oregon Rep. Larry Galizio
“This is a consensus bill and is as much about clarifying school district policies as it is about the First Amendment and the education and training of student journalists.
The bill seeks to clarify the rights and responsibilities of student journalists, journalism teachers, school administrators, and local school districts. The bill will result in school districts adopting written policies concerning free expression.
In the wake of two key court cases – Hazelwood vs. Kuhlmeier and Hosty vs. Carter – there is a great deal of uncertainty for student journalists, their teachers, administrators, and school districts.
As a result, to date, six states – Kansas, Iowa, California, Arkansas, Massachusetts, and Colorado – quite an eclectic group there, have all enacted laws protecting student journalists and providing greater clarity to teachers, administrators, and school districts.
The bill covers both high school and post-secondary student journalists since court cases have created uncertainty at both levels. The bill clarifies that student journalists, with media advisers and journalism teachers in their advisory role, are responsible for determining the content of school-sponsored media, subject to limitations laid out in section one of the bill.
In a compromise with the Oregon School Board’s Association and the Confederation of School Administrators, the term advertising content was taken out of the bill since school districts often have contractual agreements with advertisers.
The bill permits students to bring a civil action to seek a nominal $100 in damages and to provide injunctive and declaratory relief. The idea behind this approach is that it will prevent those without a legitimate claim from bringing suit, while also allowing a family to find the assistance of a public interest attorney to assert their First Amendment rights.
I would urge all of you colleagues to please take a very close look at page two, section one, lines 14 to 23 as it spells out in detail unauthorized expression and exceptions to the First Amendment right of student journalists. House Bill 3279-A is a consensus bill that provides clarity to school districts and administrators, affirms the rights and responsibilities of student journalists in Oregon, and I urge your ‘aye’ vote.”
(Galizio is a Democrat from Tigard)
>>See the Bill
>>Read the Amendments
>>Oregonian coverage
>>Listen to audio from the session
Related links:
>>SPLC: Oregon student free expression bill passes Senate
>>How a bill becomes law in Oregon
>>Should students be free from censorship? (Q&A with Oregon students)
>>First Amendment chair at University of Oregon supporting bill
>>Oregon House of Representatives committee hears testimony
>>(listen to the testimony)
>>Student Journalists seek expressive freedom (Statesman Journal)
>>Track the Oregon bill (select House Bill, and enter 3279)
>>Coverage on Washington HB 1307
>>Upthegrove says he'll introduce '08 bill in Washington state
>>Seattle P-I editorial board supports student expression
>>Student Press Law Center analyzes Washington bill's journey
>>Track the Michigan bill
Other related links:
•"Bong hits 4 Jesus" case heard by U.S. Supreme Court:
>>Story >>Supreme Court testimony (pdf) >>First Amendment Center
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•State of Kansas to introduce bill to regulate student media
•Student Press Law Center consultant Mike Hiestand talks to National Public Radio on a variety of student press issues
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