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

By Angela Thomas
J-Ideas


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

SALEM, Ore.--The Oregon Senate Judiciary Committee listened to public testimony on Tuesday from students, journalism teachers, and representatives from the Oregon University System, the Oregon School Boards Association and the Confederation of Oregon School Administrators in support of A-Engrossed House Bill 3279 that would protect the state’s high school and college students from administrative censorship.

The bill, introduced by State Rep. Larry Galizio, D-Tigard, seeks to clarify the rights and responsibilities of student journalists, journalism teachers, school administrators, and local school districts. The bill, with amendments, must make it to the Senate Judiciary Committee by Thursday.

“HB 3279 clarifies that student journalists, with media advisers and journalism teachers in their advisory role, are responsible for determining the content of school-sponsored media,” Galizio said.

Likewise, the bill protects advisers from termination, transfer, or other disciplinary actions for refusing to suppress the First Amendment protected freedoms of student journalists who are under their guidance.

Rob Melton, board member of the Oregon Journalism Education Association, testified on a 91-degree day about the need to protect student media advisers who allow protected speech to be published. 

“I can name for you at least five teachers in the 26 years I’ve been teaching journalism who were removed from teaching journalism and advising student media because they were doing their job,” he said.  “I am one of those teachers.”

Neil Bryant, a representative for the Oregon University System (OUS) spoke in favor of the bill only if an amendment is added that stipulates that a student–operated radio station licensed through the Federal Communications Commission (FCC) exercise plenary and prior control over what is broadcast. He also insisted on minor wording changes and clarification in particular sections of the bill. 

“We (OUS) obviously support fully the freedom of expression of students and of student journalists.  However, a university that fails to exercise required control can be fined or lose its license because radio and television media are regulated by federal law,” he said.

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.

Student journalism organizations nationwide say principals often overstep their legal bounds when it comes to Hazelwood, quashing student expression they believe is too controversial or might portray a school in a poor light.

During her testimony, Sarah Allen, a student journalist at Century High School in Portland said both students and administrators need a better First Amendment education.  They will not get it as long as the current law allows censorship based on the perceptions of school officials who have not been trained as media advisors. 

She said, “Student journalism should be education in action.  Censorship perverts the true learning of journalism.”

The bill has a few hurdles to clear.  The Legal Counsel’s Office has to write and print the amendment language requested by OUS and deliver it to the Senate Judiciary Committee by Thursday, May 31.  Even though the committee added the amendment to the agenda, Thursday is the “drop dead” date for dealing with amendments.  It is anticipated that the committee will schedule the bill for a work session that day.  Once the committee reconvenes, it will vote whether or not to send the bill to the Senate floor with a “Do Pass” recommendation.  The bill and the new amendment will be printed and delivered to Senators, and scheduled for debate on the Senate floor and a vote.  This process usually takes 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 the governor’s desk for signature.

>>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, must be voted on by May 31
Graphic: See student expression attempts across the country

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)

>>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

•State of Kansas to introduce bill to regulate student media