Student free expression bills moving on in Oregon, Illinois

By Angela Thomas
J-Ideas


Two key players: State Rep. Larry Galizio,
D-Tigard, who introduced the Oregon bill, and Gov.
Ted Kulongoski, also a Democrat, are important
figures in the bill. Kulongoski would have to
sign the bill to make it law. 

Two bills that would protect student journalists from administrative censorship in Oregon and Illinois continue to move through the channels.

HB 3279 passed the Oregon Senate Judiciary Committee by a 3 to 2 vote on May 30 in a partisan split. The committee added two amendments to the bill.  One amendment stipulates that a student-operated radio station licensed through the Federal Communications Commission (FCC) exercise plenary and prior control over what is broadcast.  The other amendment omitted the adviser protection clause that would prevent an adviser of school-sponsored media from being terminated, transferred, removed or disciplined for refusing to suppress the protected First Amendment freedoms of student journalists who are under their guidance. Of the six states that currently have student expression laws, only Kansas protects its advisers in this manner.

The bill, introduced by Rep. Larry Galizio, D-Tigard, including the new amendments will be printed and delivered to senators, and scheduled for debate on the Senate floor and a vote in the next two weeks.  If the Senate approves, the House will review the bill one last time (since there are language changes to the bill).  After the House’s final review, the bill moves on to Gov. Ted Kulongoski for signature. 

In Illinois, SB 729, known as the College Campus Press Act, passed the House by a 112-2 vote, and after being sent back to the Senate, earned approval there. The bill now awaits Gov. Rod Blagojevich’s signature. This bill protects student newspapers at public colleges and universities from censorship and nullifies the effect of the 2005 7th U.S. Circuit Court of Appeals decision in Hosty v. Carter. In the Hosty v. Carter decision, administrators at public colleges and universities could impose prior review and restraint on student publications that are not designated as a public forum. 

The bill, introduced by Sen. Susan Garrett, D-Lake Forest, passed the state Senate unanimously in March.  The House added two amendments to the bill that include protections for administrators from lawsuits that could arise from student-produced media, and allows administrators to punish students for unprotected speech.

Six states – California, Massachusetts, Kansas, Iowa, Arkansas and Colorado – have enacted free-speech protections for high school students. Public schools in the other 44 states are bound by the 1988 Hazelwood vs. Kuhlmeier U.S. Supreme Court decision, which gives school administrators the authority to censor students if they can demonstrate a legitimate educational reason for doing so.

>>Oregon Senate Judiciary Committee holds public hearing for student free expression bill

>>Testimony by journalism educator Rob Melton
>>See the Bill
>>Testimony by HB 3279 sponsor Oregon Rep. Larry Galizio
>>Read the amendments
>>Oregonian coverage
>>Listen to audio from the session
Also: Illinois introduces bill; amendments added,
Graphic: See student expression attempts across the country


Rep. Larry Galizio testifies before the Oregon Senate Judiciary
Committee in support of HB 3279. Photo by Angela Thomas

Related links:

>>Bill would protect rights of student journalists (Oregon Daily Emerald)
>>Protecting Freedom of the Student Press in Oregon (Fire's The Torch)
>>Student Press Law Center coverage
>>Modified student press bill waiting in Senate: Two parts of HB 3279 that deal with publication content removed from newest version of bill (Daily Vanguard, Portland State University student newspaper)
>>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)


Angela Thomas, deputy director for J-Ideas, discusses the
Knight Foundation Report before the Oregon Senate Judiciary Committee

>>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