SB571,3,86 (c) “Student journalist” means a student enrolled in an institution who gathers,
7compiles, writes, edits, photographs, records, or prepares information for inclusion
8in institution-sponsored media.
SB571,3,13 9(2) (a) Except as provided in sub. (3), a student journalist has the right to
10exercise freedom of speech and of the press in institution-sponsored media
11regardless of whether the institution-sponsored media is supported financially by
12the institution, uses the facilities of the institution, or is produced in conjunction
13with a course in which the student journalist is enrolled.
SB571,3,1714 (b) Subject to sub. (3), a student journalist is responsible for determining the
15news, opinion, feature, and advertising content of institution-sponsored media. A
16media adviser may teach professional standards of English and journalism to
17student journalists, consistent with this section.
SB571,3,19 18(3) (a) Nothing in this section authorizes or protects expression that is any of
19the following:
SB571,3,2020 1. Libelous or slanderous.
SB571,3,2121 2. Constitutes an unwarranted invasion of privacy.
SB571,3,2222 3. Obscene.
SB571,3,2323 4. Violates state or federal law.
SB571,4,3
15. Incites students as to create a clear and present danger of the commission
2of an unlawful act, the violation of a lawful board policy or institution policy, or the
3material and substantial disruption of the orderly operation of the institution.
SB571,4,84 (b) For purposes of par. (a) 5., an institution administrator shall base a decision
5on whether or not an expression will create a clear and present danger of material
6and substantial disruption of the orderly operation of the institution on specific facts,
7including past experience in the institution and current events influencing student
8behavior, and may not base the decision on undifferentiated fear or apprehension.
SB571,4,119 (c) Nothing in this section requires an institution to publish an advertisement
10in institution-sponsored media that promotes the purchase of a product or service
11that is unlawful for purchase or use by a person who has not attained 21 years of age.
SB571,4,16 12(4) An institution may not exercise prior restraint of material prepared for
13institution-sponsored media unless the material violates sub. (3). An institution's
14administrators have the burden of showing prior justification for their limitation of
15a student journalist's expression under this section and affording students a timely
16opportunity for appeal.
SB571,4,18 17(5) (a) A student journalist may not be disciplined for acting in accordance with
18sub. (2).
SB571,4,2119 (b) Notwithstanding any contrary provision of a personnel system established
20under s. 36.115, a media adviser may not be dismissed, suspended, disciplined,
21reassigned, transferred, or otherwise retaliated against for any of the following:
SB571,4,2422 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.
SB571,5,3
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.
SB571,5,7 4(6) The board shall adopt a policy, applicable to each institution, for the exercise
5of the right of student journalists to freedom of speech and of the press in
6institution-sponsored media in accordance with this section. The policy shall
7include at least all of the following:
SB571,5,98 (a) Reasonable provisions for the time, place, and manner of distribution of
9institution-sponsored media.
SB571,5,1010 (b) A process to timely appeal decisions made under this section.
SB571,5,14 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 an institution's policy, and no
13institution or institution administrator may be held responsible in any civil or
14criminal action for an expression made or published by student journalists.
SB571,5,20 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.
SB571,3 21Section 3. 38.43 of the statutes is created to read:
SB571,5,23 2238.43 District board-sponsored media; freedom of speech and of the
23press.
(1) In this section:
SB571,6,424 (a) “District board-sponsored media” means any material that is prepared,
25substantially written, published, or broadcast, in any media, by a student journalist

1at a technical college of the district, under the direction of a media adviser, and
2distributed or generally made available to students enrolled in the technical college.
3“District board-sponsored media” does not include material intended solely for use
4in a course offered at the technical college.
SB571,6,75 (b) “Media adviser” means an individual employed, appointed, or designated
6by a district board to supervise or provide instruction relating to district
7board-sponsored media.
SB571,6,108 (c) “Student journalist” means a student enrolled in a technical college who
9gathers, compiles, writes, edits, photographs, records, or prepares information for
10inclusion in district board-sponsored media.
SB571,6,15 11(2) (a) Except as provided in sub. (3), a student journalist has the right to
12exercise freedom of speech and of the press in district board-sponsored media
13regardless of whether the district board-sponsored media is supported financially
14by the district board, uses the facilities of the district board, or is produced in
15conjunction with a course in which the student journalist is enrolled.
SB571,6,1916 (b) Subject to sub. (3), a student journalist is responsible for determining the
17news, opinion, feature, and advertising content of district board-sponsored media.
18A media adviser may teach professional standards of English and journalism to
19student journalists, consistent with this section.
SB571,6,21 20(3) (a) Nothing in this section authorizes or protects expression that is any of
21the following:
SB571,6,2222 1. Libelous or slanderous.
SB571,6,2323 2. Constitutes an unwarranted invasion of privacy.
SB571,6,2424 3. Obscene.
SB571,6,2525 4. Violates state or federal law.
SB571,7,3
15. Incites students as to create a clear and present danger of the commission
2of an unlawful act, the violation of a lawful district board policy, or the material and
3substantial disruption of the orderly operation of the technical college.
SB571,7,94 (b) For purposes of par. (a) 5., a district board administrator shall base a
5decision on whether or not an expression will create a clear and present danger of
6material and substantial disruption of the orderly operation of the technical college
7on specific facts, including past experience in the technical college and current events
8influencing student behavior, and may not base the decision on undifferentiated fear
9or apprehension.
SB571,7,1210 (c) Nothing in this section requires a district board to publish an advertisement
11in district board-sponsored media that promotes the purchase of a product or service
12that is unlawful for purchase or use by a person who has not attained 21 years of age.
SB571,7,17 13(4) A district board may not exercise prior restraint of material prepared for
14district board-sponsored media unless the material violates sub. (3). A district
15board's administrators have the burden of showing prior justification for their
16limitation of a student journalist's expression under this section and affording
17students a timely opportunity for appeal.
SB571,7,19 18(5) (a) A student journalist may not be disciplined for acting in accordance with
19sub. (2).
SB571,7,2120 (b) A media adviser may not be dismissed, suspended, disciplined, reassigned,
21transferred, or otherwise retaliated against for any of the following:
SB571,7,2422 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.
SB571,8,3
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.
SB571,8,7 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:
SB571,8,98 (a) Reasonable provisions for the time, place, and manner of distribution of
9district board-sponsored media.
SB571,8,1010 (b) A process to timely appeal decisions made under this section.
SB571,8,14 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.
SB571,8,20 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.
SB571,4 21Section 4. 118.129 of the statutes is created to read:
SB571,8,23 22118.129 School-sponsored media; freedom of speech and of the press.
23(1) In this section:
SB571,9,3
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.
SB571,9,64 (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.
SB571,9,87 (c) “School” means a public middle, junior high, or high school, including a
8charter school.
SB571,9,139 (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.
SB571,9,18 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.
SB571,9,2219 (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.
SB571,9,24 23(3) (a) Nothing in this section authorizes or protects expression that is any of
24the following:
SB571,9,2525 1. Libelous or slanderous.
SB571,10,1
12. Constitutes an unwarranted invasion of privacy.
SB571,10,22 3. Obscene.
SB571,10,33 4. Violates state or federal law.
SB571,10,64 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.
SB571,10,117 (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.
SB571,10,1412 (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.
SB571,10,19 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.
SB571,10,21 20(5) (a) A pupil journalist may not be disciplined for acting in accordance with
21sub. (2).
SB571,10,2322 (b) A media adviser may not be dismissed, suspended, disciplined, reassigned,
23transferred, or otherwise retaliated against for any of the following:
SB571,11,3
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.
SB571,11,64 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.
SB571,11,10 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:
SB571,11,1211 (a) Reasonable provisions for the time, place, and manner of distribution of
12school-sponsored media.
SB571,11,1313 (b) A process to timely appeal decisions made under this section.
SB571,11,17 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.
SB571,11,24 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.
SB571,11,2525 (End)
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