Student Journalist Amendments

9
53G-10-203
53G-10-208
0
Student Journalist Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Carol S. Moss
Senate Sponsor:
LONG TITLE
General Description:
This bill establishes standards for student expression in school-sponsored media and limits
school liability for student-produced content.
Highlighted Provisions:
This bill:
establishes standards for student expression in school-sponsored media;
specifies limitations on student expression and requirements for prior restraint;
provides employment protections for student media advisers;
requires school boards to adopt policies on school-sponsored media;
limits school liability for student-produced content; and
makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
53G-10-203
, as last amended by Laws of Utah 2023, Chapter 412
ENACTS:
53G-10-208
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
53G-10-203
is amended to read:
53G-10-203
. Expressions of belief -- Discretionary time -- School-sponsored
media.
(1)
As used in this section:
(a)
"Discretionary time" means noninstructional time during which a student is free to
pursue personal interests.
(b)
(i)
"School-sponsored media" means any material that is prepared, substantially
written, published, or broadcast, in any media, by a student journalist at a school
under the direction of a student media adviser and distributed or generally made
available to members of the student body.
(ii)
"School-sponsored media" does not include media intended for distribution or
transmission for classroom purposes only.
(c)
"Student journalist" means a student at a school within an LEA who gathers,
compiles, writes, edits, photographs, records, or prepares information for inclusion in
school-sponsored media.
(d)
"Student media adviser" means an individual employed, appointed, or designated by
an LEA or school administrator to supervise or provide instruction relating to
school-sponsored media.
(1)
(2)
Expression of personal beliefs by a student participating in school-directed
curricula or activities may not be prohibited or penalized unless the expression
unreasonably interferes with order or discipline, threatens the well-being of persons or
property, or violates concepts of civility or propriety appropriate to a school setting.
(2)
(3)
(a)
As used in this section, "discretionary time" means noninstructional time
during which a student is free to pursue personal interests.
(b)
Free exercise of voluntary religious practice or freedom of speech by students
during discretionary time shall not be denied unless the conduct unreasonably
interferes with the ability of school officials to maintain order and discipline,
unreasonably endangers persons or property, or violates concepts of civility or
propriety appropriate to a school setting.
(3)
(4)
Any limitation under this section on student expression, practice, or conduct shall
be by the least restrictive means necessary to satisfy the school's interests, or to satisfy
another specifically identified compelling governmental interest.
(5)
Except as provided in Subsection
(6)
, a student journalist has the right to exercise
freedom of speech and of the press in school-sponsored media, whether or not the media
is supported financially by the school, uses the facilities of the school, or is produced in
conjunction with a course or class in which the student is enrolled.
(6)
(a)
Subject to Subsection
(7)
, a student journalist is responsible for determining the
news, opinion, feature, and advertising content of school-sponsored media.
(b)
A student media adviser may teach professional standards of English and journalism
to student journalists, consistent with this section.
(7)
This section does not authorize or protect expression by a student that:
(a)
is libelous or slanderous;
(b)
constitutes an unwarranted invasion of privacy;
(c)
is obscene as that term is defined in Section
32B-1-504
;
(d)
violates federal or state law; or
(e)
incites the creation of a clear and present danger of:
(i)
the commission of an unlawful act;
(ii)
the violation of a lawful school policy; or
(iii)
the material and substantial disruption of the orderly operation of the school.
(8)
An LEA or school administrator shall base a forecast of material and substantial
disruption under Subsection
(7)(e)(iii)
on specific facts, including past experience in the
school and current events influencing student behavior, and not on undifferentiated fear
or apprehension.
(9)
(a)
An LEA or school may not create or enact a prior restraint of material prepared
for school-sponsored media except when the material violates Subsection
(7)
.
(b)
An LEA or school official shall:
(i)
have the burden of showing justification for any limitation of student journalist
expression under this section; and
(ii)
afford a student a timely opportunity for appeal of any decision to restrain
publication.
(10)
This section does not authorize the publication of advertising in school-sponsored
media that promotes a product or service that is unlawful for purchase or use by minors.
(11)
A student journalist may not be disciplined for acting in accordance with Subsection
(5)
.
(12)
A student media adviser may not be dismissed, suspended, disciplined, reassigned,
transferred, subject to termination or nonrenewal of a teaching contract, or otherwise
retaliated against for:
(a)
refusing to infringe upon conduct that is protected by this section or the First
Amendment to the United States Constitution; or
(b)
acting to protect a student journalist engaged in conduct authorized under Subsection
(5)
or the First Amendment to the United States Constitution.
Section 2. Section
53G-10-208
is enacted to read:
53G-10-208
. School-sponsored media policies and liability.
(1)
An LEA governing board shall adopt a written policy for the exercise of a student
journalist's rights to freedom of speech and of the press in school-sponsored media that:
(a)
is in accordance with Section
53G-10-203
;
(b)
contains reasonable provisions for the time, place, and manner of student expression
in school-sponsored media; and
(c)
provides a provision allowing for timely appeal within the LEA of decisions made
under Section
53G-10-203
.
(2)
An LEA governing board shall make the policy described in Subsection
(1)
available to
students and parents.
(3)
Expression made by students in the exercise of free speech or free press rights in
school-sponsored media shall not be deemed to be an expression of school policy.
(4)
A school, LEA, school employee, or LEA official is not liable in any civil or criminal
action for any expression made or published by students in school-sponsored media,
unless:
(a)
the school, LEA, school employee, or LEA official interfered with or altered the
content of the student speech or expression; and
(b)
liability is limited to the extent of the interference or alteration.
(5)
A student, individually or through a parent, or a student media adviser may institute
proceedings for injunctive relief in any court of competent jurisdiction to enforce the
rights provided in Section
53G-10-203
.
(6)
A court may award reasonable attorney fees to a prevailing plaintiff under Subsection
(5)
.
Section 3.
Effective Date.
This bill takes effect on
May 6, 2026
.
1-12-26 1:39 PM