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SECOND REGULAR SESSION
HOUSE COMMITTEE SUBSTITUTE FOR
HOUSE BILL NO. 2918
103RD GENERAL ASSEMBL Y
5792H.02C JOSEPH ENGLER, Chief Clerk
AN ACT
T o amend chapters 171 and 173, RSMo, by adding thereto two new sections relating to
student journalists.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapters 171 and 173, RSMo, are amended by adding thereto two new
2 sections, to be known as sections 171.200 and 173.1551, to read as follows:
171.200 . 1. This section and section 173.1551 shall be known and may be cited as
2 the "Cr onkite Journalistic Standards and New V oices Act".
3 2. As used in this section, the following terms mean:
4 (1) "Cr onkite Journalistic Standards", the following standards req uired of a
5 news source :
6 (a) The news source adher es to the objectivity norm, which requ ires :
7 a. Separating news and commentary;
8 b. Prioritizing verification over speed;
9 c. Ensuring any personal imprint on facts being r eported is minimal; and
10 d. Serving the public rather than the newsro om brand;
11 (b) At least fifty-one percen t of the material in the news source constitutes
12 "news", defined as material that pr esents only facts without hearsay or anonymous
13 quotes, rel ies only on sources that have been verified, pre sents both sides of a position,
14 and excludes any language that colors the percep tion of the consumer;
15 (c) Commentary and editorial material constitute ten per cent or less of the news
16 sour ce;
17 (d) Any commentary in the news section of the news sour ce is clearly identified
18 and separated fr om the news article or material;
EXPLANA TION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law . Matter in bold-face type in the above bill is proposed language.
19 (e) Before publication of the news sour ce, the fairness doctrine, which r equir ed
20 br oadcasters to afford r easonable opportunity for the discussion of conflicting views on
21 issues of public importance, is consider ed for guidance in upholding the Cr onkite
22 Journalistic Standards. This subdivision shall not be construed to req uire adher ence to
23 the fairness doctrine; and
24 (f) The news sour ce is not percei ved or deemed to have supported or opposed
25 any subject cover ed, as determined fr om the perspective of a r easonable consumer of
26 the news sour ce;
27 (2) "School-sponsored media", any material that is prepa red, substantially
28 written, published, or br oadcast by a student journalist at a public high school;
29 distributed or generally made available to members of the student body; and pr epar ed
30 under the dir ection of a student-media advisor . "School-sponsor ed media" does not
31 include any media intended for distribution or transmission solely in the classr oom in
32 which the media is pr oduced;
33 (3) "Student journalist", a public high school student who gathers, compiles,
34 writes, edits, photographs, record s, prod uces, or prepa res content for dissemination in
35 school-sponsor ed media;
36 (4) "Student-media advisor", an individual employed, appointed, or designated
37 by a school district to supervise or provi de instruction r elating to school-sponsor ed
38 media.
39 3. Subject to the provi sions of this section, the fr eedom of the press in school-
40 sponsor ed media shall be pr otected. A student journalist has the right to exercise
41 fr eedom of speech and of the pr ess in school-sponsore d media. Material in school-
42 sponsor ed media shall not be suppr essed solely because it involves political or
43 contr oversial subject matter .
44 4. School districts and student-media advisors may r egulate the number , length,
45 fr equency , and format of school-sponsor ed media. Review of material pr epar ed for
46 school-sponsor ed media and encouragement of the expr ession of such material in a
47 manner that is consistent with pro fessional standards of English and journalism shall
48 not be deemed to be or construed as an abridgement of the right to fr eedom of
49 expr ession in school-sponsore d media or a r estraint on publication of the material
50 ther ein.
51 5. A school district shall not authorize any prior re straint of any school-
52 sponsor ed media except if the administration or student-media advisor reas onably
53 determines or anticipates that the media:
54 (1) Is libelous or slander ous;
55 (2) Constitutes an invasion of privacy;
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56 (3) V iolates federal or state law;
57 (4) Is a thr eat of violence;
58 (5) Advertises a prod uct or service that is illegal or is not permitted to be sold to
59 minors by law;
60 (6) V iolates the rights of others;
61 (7) Is likely to incite students to commit an unlawful act or to violate school
62 district policy or proced ure; or
63 (8) Is likely to materially and substantially disrupt or interfer e with the orderly
64 operation of the school.
65 6. Subject to the limitations imposed by this section, student journalists are
66 r esponsible for determining the news, opinion, and advertising content of school-
67 sponsor ed media. Student-media advisors ar e res ponsible for teaching and encouraging
68 fr ee and re sponsible expr ession of material and pr ofessional standards of English and
69 journalism. No student-media advisor shall be disciplined, terminated fro m
7 0 employment, transferr ed, or reli eved of duties imposed under this subsection for
71 r efusal to abridge or infringe upon the right to free dom of expr ession conferred by this
72 section.
73 7. No publication or other expr ession of matter by students in the exerc ise of
74 rights under this section shall be deemed to be an expr ession of a school district's policy .
75 No school district, member of the board of education, student-media advisor , or
76 employee of a school district shall be held liable in any civil or criminal action for any
77 publication or other expr ession of matter by student journalists in the exer cise of rights
78 under this section except to the extent that such persons or entities actively participated
79 in the conduct that is the subject of the civil or criminal action or knew of the conduct
80 and failed to take timely action to preven t or withdraw such publication or expr ession
81 that is the subject of the civil or criminal action. A student journalist who has attained
82 the age of majority may be held liable in any civil or criminal action for material
83 expr essed in student publications to the extent of such student journalist's res ponsibility
84 for and involvement in the pr eparation and publication of such matter .
85 8. Each school district shall adopt a written policy regard ing the fr eedom of the
86 pr ess and expr ession by students in accordance with this section. The policy shall
87 include reas onable pr ovisions for the time, place, and manner of student expr ession.
88 The policy may also include limitations regar ding language that may be defined as
89 vulgar , obscene, offensively lewd, pr ofane, harassing, thr eatening, or intimidating.
90 9. School-sponsor ed media shall not be pr otected under this section unless the
91 media is a news source that conforms to the Cro nkite Journalistic Standards.
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92 10. Commentary and editorial content in school-sponsored media shall be
93 pr otected under this section as long as the content appears in a news sour ce that
94 conforms to the Cro nkite Journalistic Standards.
173.1551 . 1. As used in this section, the following terms mean:
2 (1) "Cr onkite Journalistic Standards", the same meaning given to the term in
3 section 171.200;
4 (2) "School-sponsored media", any material that is prepa red, substantially
5 written, published, or broa dcast by a student journalist at a public institution of higher
6 education in this state; distributed or generally made available to members of the
7 student body; and pr epared under the dir ection of a student-media advisor . "School-
8 sponsor ed media" does not include any media intended for distribution or transmission
9 solely in the classr oom in which the media is prod uced;
10 (3) "Student journalist", a student of a public institution of higher education
11 who gathers, compiles, writes, edits, photographs, record s, prod uces, or pr epares
12 content for dissemination in school-sponsored media;
13 (4) "Student-media advisor", an individual employed, appointed, or designated
14 by a public institution of higher education in this state to supervise or prov ide
15 instruction rel ating to school-sponsored media.
16 2. Subject to the provi sions of this section, the fr eedom of the press in school-
17 sponsor ed media shall be pr otected. A student journalist has the right to exercise
18 fr eedom of speech and of the pr ess in school-sponsore d media. Material in school-
19 sponsor ed media shall not be suppr essed solely because it involves political or
20 contr oversial subject matter .
21 3. Subject to subsection 4 of this section, a student journalist is re sponsible for
22 determining the news, opinion, featur e, and advertising content of school-sponsor ed
23 media. This subsection shall not be construed to pr event a student-media advisor fr om
24 teaching profes sional standards of English and journalism to student journalists.
25 4. This section does not authorize or pr otect express ion by a student that:
26 (1) Is libelous or slander ous;
27 (2) Constitutes an invasion of privacy;
28 (3) V iolates federal or state law;
29 (4) Is likely to incite students to commit an unlawful act or to violate institution
30 policy or proced ure; or
31 (5) Is likely to materially and substantially disrupt or interfer e with the orderly
32 operation of the institution.
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33 5. Except as pr ovided in subsection 4 of this section, a student journalist at a
34 public institution of higher education in this state shall not be disciplined for exerc ising
35 such student journalist's fr eedom of expr ession in school-sponsor ed media.
36 6. A student-media advisor at a public institution of higher education in this
37 state shall not be dismissed, suspended, disciplined, r eassigned, transferr ed, or
38 otherwise ret aliated against for pr otecting or ref using to infringe on the rights of
39 student journalists outlined in this section.
40 7. No publication or other expr ession of matter by students in the exerc ise of
41 rights under this section shall be deemed to be an expr ession of an institution's policy .
42 No public institution of higher education or member of the institution's governing body
43 or employee ther eof shall be held liable in any civil or criminal action for any
44 publication or other expr ession of matter by student journalists in the exer cise of rights
45 under this section except to the extent that such persons or entities actively participated
46 in the conduct that is the subject of the civil or criminal action.
47 8. School-sponsor ed media shall not be pr otected under this section unless the
48 media is a news source that conforms to the Cro nkite Journalistic Standards.
49 9. Commentary and editorial content in school-sponsor ed media shall be
50 pr otected under this section as long as the content appears in a news sour ce that
51 conforms to the Cro nkite Journalistic Standards.
✔
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