COLLEGE PRESS ACT-PUBLIC MEDIA

Illinois General Assembly - Full Text of HB4420

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Full Text of HB4420

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HB4420 - 104th General Assembly

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HB4420 Enrolled
LRB104 17839 LNS 31273 b
1

AN ACT concerning education.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 5.
The College Campus Press Act is amended by
5
changing Sections 5, 10, 20, 25, and 35 as follows:

6

(110 ILCS 13/5)
7

Sec. 5.
Definitions.
For purposes of this Act:
8

"Campus media" means any matter that is prepared,
9
substantially written, published, or broadcast by students at
10
State-sponsored institutions of higher learning, that is
11
distributed or generally made available, either free of charge
12
or for a fee, to members of the student body, and that is
13
prepared under the direction of a student media adviser.
14
"Campus media" does not include media that is intended for
15
distribution or transmission solely in the classrooms in which
16
it is produced.
17

"Campus policy" means the views and positions of
18
State-sponsored institutions of higher learning promulgated by
19
administrators, officials, or other agents of these
20
institutions.
21

"Collegiate media adviser" means a person who is employed,
22
appointed, or designated by the State-sponsored institution of
23
higher learning to supervise or provide instruction relating

HB4420 Enrolled
- 2 -
LRB104 17839 LNS 31273 b
1
to campus media.
2

"Collegiate student editor" means a student at a
3
State-sponsored institution of higher learning who edits
4
information prepared by collegiate student journalists for
5
dissemination in campus media.
6

"Collegiate student journalist" means a student at a
7
State-sponsored institution of higher learning who gathers,
8
compiles, writes, photographs, records, or prepares
9
information for dissemination in campus media.
10

"Prevailing party" includes any party who obtains some of
11
his or her requested relief through judicial judgment in his
12
or her favor, who obtains some of his or her requested relief
13
through a settlement agreement approved by the court, or whose
14
pursuit of a non-frivolous claim was a catalyst for a
15
unilateral change in position by the opposing party relative
16
to the relief sought.
17

"Public media produced at a State-sponsored institution of
18
higher learning" means media created and distributed in print
19
or audiovisual format that has been produced by an entity
20
receiving public funding and that has a license or other
21
agreement with a State-sponsored institution of higher
22
learning to use that institution's resources for the purposes
23
of creating or distributing the media for which the entity
24
receives public funding.

25

"State-sponsored institution of higher learning" means the
26
University of Illinois, Southern Illinois University, Chicago

HB4420 Enrolled
- 3 -
LRB104 17839 LNS 31273 b
1
State University, Eastern Illinois University, Governors State
2
University, Illinois State University, Northeastern Illinois
3
University, Northern Illinois University, Western Illinois
4
University, and public community colleges subject to the
5
Public Community College Act.
6
(Source: P.A. 95-580, eff. 6-1-08
.)

7

(110 ILCS 13/10)
8

Sec. 10.
Public forum.
9

(a)
All campus media produced primarily by students at a
10
State-sponsored institution of higher learning is a public
11
forum for expression by the student journalists and editors at
12
the particular institution. Campus media, whether
13
campus-sponsored or noncampus-sponsored, is not subject to
14
prior review by public officials of a State-sponsored
15
institution of higher learning.
16

(b) All public media produced at a State-sponsored
17
institution of higher learning is a public forum for
18
expression by the employees producing the media, including
19
journalists and editors, at the institution of higher
20
learning. Public media produced at a State-sponsored
21
institution of higher learning is not subject to prior review
22
by public officials of the State-sponsored institution of
23
higher learning.

24
(Source: P.A. 95-580, eff. 6-1-08
.)

HB4420 Enrolled
- 4 -
LRB104 17839 LNS 31273 b
1

(110 ILCS 13/20)
2

Sec. 20.
Injunction and declaratory relief.
A collegiate
3
student enrolled in a State-sponsored institution of higher
4
learning
,

or
a collegiate media advisor of a State-sponsored
5
institution of higher learning
, or an employee or agent of an
6
entity creating or distributing public media produced at a
7
State-sponsored institution of higher learning
may commence a
8
civil action to obtain appropriate injunctive and declaratory
9
relief as determined by a court for violation of Section 10 of
10
this Act by such State-sponsored institution of higher
11
learning. Upon motion, a court may award attorney's fees to a
12
prevailing party in a civil action brought under this Section.
13
(Source: P.A. 95-580, eff. 6-1-08
.)

14

(110 ILCS 13/25)
15

Sec. 25.
Campus policy and speech distinguished.
16
Expression made by a collegiate student journalist, collegiate
17
student editor,
employee or agent of an entity creating or
18
distributing public media produced at a State-sponsored
19
institution of higher learning,
or other contributor in campus
20
media
or public media produced at a State-sponsored
21
institution of higher learning
is neither an expression of
22
campus policy nor speech attributable to a State-sponsored
23
institution of higher learning.
24
(Source: P.A. 95-580, eff. 6-1-08
.)

HB4420 Enrolled
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LRB104 17839 LNS 31273 b
1

(110 ILCS 13/35)
2

Sec. 35.
Immunity.
A State-sponsored institution of higher
3
learning shall be immune from any lawsuit arising from
4
expression actually made in campus media
or public media
5
produced at a State-sponsored institution of higher learning
,
6
with the exception of the institution's own expression.
7
(Source: P.A. 95-580, eff. 6-1-08
.)

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