AB551,7,2422 1. Refusing to infringe on conduct that is protected by this section, the First
23Amendment to the U.S. Constitution, or article I, section 3, of the Wisconsin
24Constitution.
AB551,8,3
12. Acting to protect a student journalist engaged in permissible conduct under
2this section, the First Amendment to the U.S. Constitution, or article I, section 3, of
3the Wisconsin Constitution.
AB551,8,7 4(6) Each district board shall adopt a policy for the exercise of the right of
5student journalists to freedom of speech and of the press in district board-sponsored
6media in accordance with this section. The policy shall include at least all of the
7following:
AB551,8,98 (a) Reasonable provisions for the time, place, and manner of distribution of
9district board-sponsored media.
AB551,8,1010 (b) A process to timely appeal decisions made under this section.
AB551,8,14 11(7) No expression made by student journalists in the exercise of free speech or
12free press rights is considered to be an expression of a district board's policy, and no
13district board or district board administrator may be held responsible in any civil or
14criminal action for an expression made or published by student journalists.
AB551,8,20 15(8) A student journalist or media adviser may bring an action for injunctive or
16declaratory relief in circuit court to enforce the rights provided in this section.
17Nothing in this section may be construed to create a private action on behalf of a
18student journalist other than to seek injunctive relief allowing the publication of the
19speech in question. A court may award reasonable attorney fees to a plaintiff who
20substantially prevails in an action brought under this subsection.
AB551,4 21Section 4. 118.129 of the statutes is created to read:
AB551,8,23 22118.129 School-sponsored media; freedom of speech and of the press.
23(1) In this section:
AB551,9,3
1(a) “Media adviser” means an individual employed, appointed, or designated
2by a school board or charter school to supervise or provide instruction relating to
3school-sponsored media.
AB551,9,64 (b) “Pupil journalist” means a pupil in grade 6 to 12 who gathers, compiles,
5writes, edits, photographs, records, or prepares information for inclusion in
6school-sponsored media.
AB551,9,87 (c) “School” means a public middle, junior high, or high school, including a
8charter school.
AB551,9,139 (d) “School-sponsored media” means any material that is prepared,
10substantially written, published, or broadcast, in any media, by a pupil journalist at
11a school, under the direction of a media adviser, and distributed or generally made
12available to pupils attending the school. “School-sponsored media” does not include
13material intended solely for classroom purposes.
AB551,9,18 14(2) (a) Except as provided in sub. (3), a pupil journalist has the right to exercise
15freedom of speech and of the press in school-sponsored media regardless of whether
16the school-sponsored media is supported financially by the school, uses the facilities
17of the school, or is produced in conjunction with a class in which the pupil journalist
18is enrolled.
AB551,9,2219 (b) Subject to sub. (3), a pupil journalist is responsible for determining the
20news, opinion, feature, and advertising content of school-sponsored media. A media
21adviser may teach professional standards of English and journalism to pupil
22journalists, consistent with this section.
AB551,9,24 23(3) (a) Nothing in this section authorizes or protects expression that is any of
24the following:
AB551,9,2525 1. Libelous or slanderous.
AB551,10,1
12. Constitutes an unwarranted invasion of privacy.
AB551,10,22 3. Obscene.
AB551,10,33 4. Violates state or federal law.
AB551,10,64 5. Incites pupils as to create a clear and present danger of the commission of
5an unlawful act, the violation of a lawful school district or charter school policy, or
6the material and substantial disruption of the orderly operation of the school.
AB551,10,117 (b) For purposes of par. (a) 5., a school administrator shall base a decision on
8whether or not an expression will create a clear and present danger of material and
9substantial disruption of the orderly operation of the school on specific facts,
10including past experience in the school and current events influencing pupil
11behavior, and may not base the decision on undifferentiated fear or apprehension.
AB551,10,1412 (c) Nothing in this section authorizes the publication of an advertisement in
13school-sponsored media that promotes the purchase of a product or service that is
14unlawful for purchase or use by minors.
AB551,10,19 15(4) A school official may not exercise prior restraint of material prepared for
16school-sponsored media unless the material violates sub. (3). A school official has
17the burden of showing prior justification for his or her limitation of a pupil
18journalist's expression under this section and affording pupils a timely opportunity
19for appeal.
AB551,10,21 20(5) (a) A pupil journalist may not be disciplined for acting in accordance with
21sub. (2).
AB551,10,2322 (b) A media adviser may not be dismissed, suspended, disciplined, reassigned,
23transferred, or otherwise retaliated against for any of the following:
AB551,11,3
11. Refusing to infringe on conduct that is protected by this section, the First
2Amendment to the U.S. Constitution, or article I, section 3, of the Wisconsin
3Constitution.
AB551,11,64 2. Acting to protect a pupil journalist engaged in permissible conduct under
5this section, the First Amendment to the U.S. Constitution, or article I, section 3, of
6the Wisconsin Constitution.
AB551,11,10 7(6) Each school board and operator of a charter school shall adopt a policy for
8the exercise of the right of pupil journalists to freedom of speech and of the press in
9school-sponsored media in accordance with this section. The policy shall include at
10least all of the following:
AB551,11,1211 (a) Reasonable provisions for the time, place, and manner of distribution of
12school-sponsored media.
AB551,11,1313 (b) A process to timely appeal decisions made under this section.
AB551,11,17 14(7) No expression made by pupil journalists in the exercise of free speech or free
15press rights is considered to be an expression of school policy, and no school official,
16school district, or charter school may be held responsible in any civil or criminal
17action for an expression made or published by pupil journalists.
AB551,11,24 18(8) A pupil journalist, individually or through a parent or guardian, or media
19adviser may bring an action for injunctive or declaratory relief in circuit court to
20enforce the rights provided in this section. Nothing in this section may be construed
21to create a private action on behalf of a pupil journalist other than to seek injunctive
22relief allowing the publication of the speech in question. A court may award
23reasonable attorney fees to a plaintiff who substantially prevails in an action
24brought under this subsection.
AB551,11,2525 (End)
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