House, Senate concur; HB5902 is headed to governor

Retrospective on the journey for the Speech Rights of Student Journalists Act

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A story that started just six short months ago is now nearing its resolution.

The Speech Rights of Student Journalists Act was drafted to guarantee that scholastic journalists are not restricted by prior review, prior restraint or censorship of the content they produce, so that student journalists have the right to exercise freedom of speech and of the press in school-sponsored media, regardless of whether the media is supported financially by the school district or by use of school facilities or produced in conjunction with a class in which the student is enrolled.The effort has been headed by IJEA Legislation Chair Stan Zoller and IJEA State Director Brenda Field, who in January 2016 originally met with Rep. Elaine Nekritz. Nekritz then directed them to contact Rep. Will Guzzardi for his sponsorship.

Journalism students from throughout Illinois stand with Rep. Will Guzzardi (D-Chicago) in Springfield on April 6. The bill to protect student journalists' free speech rights was unanimously voted through committee that day.
Journalism students from throughout Illinois stand with Rep. Will Guzzardi (D-Chicago) in Springfield on April 6. The bill to protect student journalists’ free speech rights was unanimously voted through committee that day.

After testimony in front of the House Judiciary Civil Committee from Harrisburg Adviser Cathy Wall, Illinois Journalist of the Year Runner-Up Hope Johnson, and the SPLC’s Frank LoMonte in front of a gallery of student journalists from around the state, the Speech Rights of Student Journalists Act (HB 5902) passed the House committee unanimously, 11-0, on April 6.

On April 15, House Floor Amendment No. 1 was adopted, which changed language regarding the “appropriate student journalist,” provided that the “Act does not authorize or protect expression by a student journalist that is libelous, slanderous, or obscene (rather than libelous or slanderous),” and provided that no expression would be “deemed to be an expression of school policy, and no school district or employee or parent, legal guardian, or official of the school district shall be held liable in any civil or criminal action for any expression made or published by students.”

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The Illinois House votes 114-0 in order to move HB 5902 onto the Senate.

After three readings in the full House, under the guidance of Rep. Guzzardi, the legislation was approved, again unanimously, on April 19, 114-0

Taken up by the Senate Judiciary Committee under the care of Senate sponsor Sen. Daniel Biss, two amendments were added. The changes noted that “immunity from liability under the Act applies except in cases of willful or wanton conduct” and that the Act “does not authorize or protect expression that incites students to commit an unlawful act, to violate policies of the school district, or to materially and substantially disrupt the orderly operation of the school (rather than expression that so incites students as to create a clear and present danger of the commission of an unlawful act, the violation of policies of the school district, or the material and substantial disruption of the orderly operation of the school).”

SPLC Executive Director Frank LoMonte chats with IJEA Executive Director Sally Renaud on April 6 in the Capitol.
SPLC Executive Director Frank LoMonte chats with IJEA Executive Director Sally Renaud on April 6 in the Capitol.

At this stage, and indeed all along the way, help and testimony were provided by attorney Frank LoMonte, leader of New Voices USA and head of the Student Press Law Center.

With the changes, the legislation moved through the Senate committee unanimously, and then passed the full Senate, 51-0-1, on May 27.

After a 117-0 concurrence vote in the House on May 31, HB 5902 is now with Illinois Gov. Bruce Rauner. According to the SPLC, “the governor gets 60 days from the date of transmittal to act on the bill; if he does not act, then the bill immediately becomes law without his signature.”

According to Zoller, “This is a red-letter day for not only the IJEA, but scholastic journalism in Illinois.  We are deeply indebted to the efforts of Rep. (Will) Guzzardi and Sen. (Daniel) Biss who led the fight in the House and Senate respectively. The IJEA, I think, is indebted to Frank LoMonte and the SPLC for their tiredless efforts on behalf.”

IJEA will keep you updated through FacebookTwitter, and Instagram and this website regarding what’s next. Also, the SPLC website has even more information about the journey of HB 5902. Again, we thank everyone who has written, emailed, called, and otherwise supported this important effort so far.