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Home > Student media bill moved to Judiciary Committee |
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Student media bill moved to Judiciary Committee
Updated: 1/22/08 4:24 p.m. eastern time
A bill that would protect high school students from administrative censorship has been reassigned to a different committee in the Washington State Senate.
Senate Bill 6449, which was in the Early Learning and K-12 Education Committee, is moving to the Judiciary Committee, according to Kathy Schrier, president of the Washington Journalism Education Association. Schrier explained the bill was previously mis-assigned to the Education Committee.
This bill would give enhanced press rights to the state’s high school students, according to Brian Schraum, a student instrumental in a similar – but failed – legislative effort a year ago. SB 6449 is sponsored by Sen. Joe McDermott (D-Seattle), along with Sen. Brian Weinstein (D), Sen. Adam Kline (D.), Sen. Ed Murray (D.), Sen. Jeanne Kohl-Welles (D.), Sen. Rosemary McAuliffe (D.), and Sen. Karen Keiser (D.).
Like last year’s HB 1307, which was sponsored by Rep. Dave Upthegrove (D-Des Moines) and died in a Senate committee after passing the House, SB 6449 makes student editors at public high schools and colleges responsible for content in all school-sponsored media. Additionally, the bill prevents public colleges and universities from prior review of student publications. However, high school administrators can review student media if it is obscene, encourages students to break the law and violates school rules and policies.
SB 6449 forbids high schools and colleges from disciplining or firing media advisers “for refusing to suppress the protected free expression rights of student journalists.” School administrators and schools cannot be sued or held responsible for student publication material “unless school officials or the governing board have interfered or altered content of the student expression.” The bill also clarifies that courts may award only “reasonable” attorney’s fees to students who successfully sue their districts for violating the student media law.
Patrick Phillips, the executive director of the Campaign for the Civic Mission of Schools, emphasizes that free speech does not only benefit student journalists, but the entire student body.
"In order for young people to graduate fully prepared for active citizenship and civic engagement, they not only need knowledge about American government but rich opportunities to have their voices heard on issues that are relevant to their lives," Phillips said. "Stronger student media programs are essential ingredients in helping our schools to fulfill their original civic purpose."
Other supporters of the new bill are encouraged that the bill has been re-submitted.
"This need has been made obvious by too many instances of censorship and prior review," Schrier said. "In one district, repressive policies have forced students at two of the three district high schools to launch underground newspapers. Our law needs to be more clear, so that there is a full understanding of what the rights and responsibilities are for student journalists, as well as for their advisers and administrators. This legislation infuses clarity into the law."
“This is encouraging news,” said Warren Watson, J-Ideas director. “We’re seeing new legislative efforts to support the First Amendment in high schools and in colleges. In Washington, we’re pleased that a senator has stepped up first to rekindle this effort.”
More First Amendment advocates support the bill as well.
“Student journalists should be held to the same standards of accuracy, fairness and completeness to which other journalists are held. In return, those student journalists should be protected from those who would stifle student expression for reasons that have nothing to do with good journalism,” said Gene Policinski, vice president and executive director of the First Amendment Center. “Administrative convenience and comfort, or a desire to use student media as a propaganda or good-news-only tool not only are wrong reasons to censor student journalists, but also preclude students from developing the very ethical standards and professionalism that we want schools to teach.”
Mike Hiestand, an attorney and legal consultant to the Student Press Law Center, agreed that Washington serves as an example of drafting legislation to other states.
"Washington State took the lead last year in creating a model that protects the right of young journalists to speak out responsibly on topics that matter to them," Hiestand said. "I'm delighted to hear state's students are back to press their case. I hope that lawmakers in Olympia will not let politics get in the way of ensuring their next generation of state citizens and leaders have the right to make their voices heard."
When the bill was introduced in 2007, it was opposed by the Association For Washington School Principals. For this year's bill, Communications Spokesperson Jocelyn McCabe said the organization's members are talking with each other to disuss their thoughts on the bill, which generated "lots of debate" last year.
"We have been working with the WJEA since the end of session last year and have made good progress on this issue," McCabe said. "The legislation has prompted some good discussions between students, advisers and administrators about roles and responsibilities, and we’ve appreciated the opportunity to share the principal’s perspective on student press issues."
Last July, Oregon joined six other states including California, Kansas, Iowa, Massachusetts, Colorado and Arkansas in passing similar laws protecting high school journalists. In the wake of the 1988 Hazelwood v. Kuhlmeier Supreme Court decision, which gave administrators greater censorship authority over student media, the number of censorship cases among high school journalists has increased.
Efforts to pass legislation around student media are ongoing in several other states. The state legislature in Michigan is currently considering a bill and student-media backers in Indiana, Minnesota and North Carolina are considering legislation for either 2008 or 2009.
“There is some momentum for students in colleges as well as high schools,” Watson added. Over the summer, Illinois enacted a new law that gives additional protection to college journalists.
Washington’s legislators voted largely along party lines in 2007, with Democrats supporting a press bill and Republicans opposing the measure. Democrats today outnumber Republicans by a 2-to-1 margin in both the House and Senate. In the Senate, 35 of the 54 members are Democrats.
>>View the bill
>>Track the bill's progress
>>Student Press Law Center coverage
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