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SECOND REGULAR SESSION
SENATE BILL NO. 1172
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR WASHINGTON.
4327S.01I KRISTINA MARTIN, Secretary
AN ACT
To 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 1
adding thereto two new sections, to be known as sections 171.200 2
and 173.1551, to read as follows:3
171.200. 1. This section and section 173.1551 shall 1
be known and may be cited as the "Cronkite New Voices Act". 2
2. As used in this section, the following terms mean: 3
(1) "School-sponsored media", any material that is 4
prepared, substantially written, published, or broadcast by 5
a student journalist at a public high school; distributed or 6
generally made available to members of the student body; and 7
prepared under the direction of a student-media advisor. 8
"School-sponsored media" does not include any media intended 9
for distribution or transmission solely in the classroom in 10
which the media is produced; 11
(2) "Student journalist", a public high school student 12
who gathers, compiles, writes, edits, photographs, records, 13
produces, or prepares content for dissemination in school- 14
sponsored media; 15
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(3) "Student-media advisor", an individual employed, 16
appointed, or designated by a school district to supervise 17
or provide instruction relating to school-sponsored media. 18
3. Subject to the provisions of this section, the 19
freedom of the press in school-sponsored media shall be 20
protected. A student journalist has the right to exercise 21
freedom of speech and of the press in school-sponsored 22
media. Material in school-sponsored media shall not be 23
suppressed solely because it involves political or 24
controversial subject matter. 25
4. School districts and student-media advisors may 26
regulate the number, length, frequency, and format of school- 27
sponsored media. Review of material prepared for school- 28
sponsored media and encouragement of the expression of such 29
material in a manner that is consistent with professional 30
standards of English and journalism shall not be deemed to 31
be or construed as an abridgement of the right to freedom of 32
expression in school-sponsored media or a restraint on 33
publication of the material therein. 34
5. A school district shall not authorize any prior 35
restraint of any school-sponsored media except if the 36
administration or student-media advisor reasonably 37
determines or anticipates that the media: 38
(1) Is libelous or slanderous; 39
(2) Constitutes an invasion of privacy; 40
(3) Violates federal or state law; 41
(4) Is a threat of violence; 42
(5) Advertises a product or service that is illegal or 43
is not permitted to be sold to minors by law; 44
(6) Violates the rights of others; 45
(7) Is likely to incite students to commit an unlawful 46
act or to violate school district policy or procedure; or 47
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(8) Is likely to materially and substantially disrupt 48
or interfere with the orderly operation of the school. 49
6. Subject to the limitations imposed by this section, 50
student journalists are responsible for determining the 51
news, opinion, and advertising content of school-sponsored 52
media. Student-media advisors are responsible for teaching 53
and encouraging free and responsible expression of material 54
and professional standards of English and journalism. No 55
student-media advisor shall be disciplined, terminated from 56
employment, transferred, or relieved of duties imposed under 57
this subsection for refusal to abridge or infringe upon the 58
right to freedom of expression conferred by this section. 59
7. No publication or other expression of matter by 60
students in the exercise of rights under this section shall 61
be deemed to be an expression of a school district's 62
policy. No school district, member of the board of 63
education, student-media advisor, or employee of a school 64
district shall be held liable in any civil or criminal 65
action for any publication or other expression of matter by 66
student journalists in the exercise of rights under this 67
section except to the extent that such persons or entities 68
actively participated in the conduct that is the subject of 69
the civil or criminal action or knew of the conduct and 70
failed to take timely action to prevent or withdraw such 71
publication or expression that is the subject of the civil 72
or criminal action. A student journalist who has attained 73
the age of majority may be held liable in any civil or 74
criminal action for material expressed in student 75
publications to the extent of such student journalist’s 76
responsibility for and involvement in the preparation and 77
publication of such matter. 78
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8. Each school district shall adopt a written policy 79
regarding the freedom of the press and expression by 80
students in accordance with this section. The policy shall 81
include reasonable provisions for the time, place, and 82
manner of student expression. The policy may also include 83
limitations regarding language that may be defined as 84
vulgar, obscene, offensively lewd, profane, harassing, 85
threatening, or intimidating. 86
173.1551. 1. As used in this section, the following 1
terms mean: 2
(1) "School-sponsored media", any material that is 3
prepared, substantially written, published, or broadcast by 4
a student journalist at a public institution of higher 5
education in this state; distributed or generally made 6
available to members of the student body; and prepared under 7
the direction of a student-media advisor. "School-sponsored 8
media" does not include any media intended for distribution 9
or transmission solely in the classroom in which the media 10
is produced; 11
(2) "Student journalist", a student of a public 12
institution of higher education who gathers, compiles, 13
writes, edits, photographs, records, produces, or prepares 14
content for dissemination in school-sponsored media; 15
(3) "Student-media advisor", an individual employed, 16
appointed, or designated by a public institution of higher 17
education in this state to supervise or provide instruction 18
relating to school-sponsored media. 19
2. Subject to the provisions of this section, the 20
freedom of the press in school-sponsored media shall be 21
protected. A student journalist has the right to exercise 22
freedom of speech and of the press in school-sponsored 23
media. Material in school-sponsored media shall not be 24
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suppressed solely because it involves political or 25
controversial subject matter. 26
3. Subject to subsection 4 of this section, a student 27
journalist is responsible for determining the news, opinion, 28
feature, and advertising content of school-sponsored media. 29
This subsection shall not be construed to prevent a student- 30
media advisor from teaching professional standards of 31
English and journalism to student journalists. 32
4. This section does not authorize or protect 33
expression by a student that: 34
(1) Is libelous or slanderous; 35
(2) Constitutes an invasion of privacy; 36
(3) Violates federal or state law; 37
(4) Is likely to incite students to commit an unlawful 38
act or to violate institution policy or procedure; or 39
(5) Is likely to materially and substantially disrupt 40
or interfere with the orderly operation of the institution. 41
5. Except as provided in subsection 4 of this section, 42
a student journalist at a public institution of higher 43
education in this state shall not be disciplined for 44
exercising such student journalist's freedom of expression 45
in school-sponsored media. 46
6. A student-media advisor at a public institution of 47
higher education in this state shall not be dismissed, 48
suspended, disciplined, reassigned, transferred, or 49
otherwise retaliated against for protecting or refusing to 50
infringe on the rights of student journalists outlined in 51
this section. 52
7. No publication or other expression of matter by 53
students in the exercise of rights under this section shall 54
be deemed to be an expression of an institution's policy. 55
No public institution of higher education or member of the 56
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institution's governing body or employee thereof shall be 57
held liable in any civil or criminal action for any 58
publication or other expression of matter by student 59
journalists in the exercise of rights under this section 60
except to the extent that such persons or entities actively 61
participated in the conduct that is the subject of the civil 62
or criminal action. 63
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