member
volunteer
newsletter
Make a Donation
FOI Letter Generator
Contact a Lawyer
Illinois state legislators to consider collegiate free press bill
Advocates say proposed law in response to Seventh Circuit ruling in Hosty v. Carter
March 2, 2007

ILLINOIS -- State legislators will consider a bill next week that would prohibit public college administrators from censoring student publications, effectively negating the 2005 Seventh U.S. Circuit Court of Appeals decision in Hosty v. Carter.

The College Campus Press Act, sponsored by Illinois Sen. Susan Garrett (D-Lake Forest), would prohibit public college administrators from mandating prior review or restraint of college student publications, which the Hosty decision allowed administrators to do at papers that are not designated public forums for student expression.

The bill was introduced Feb. 8, and it is scheduled to first appear before the Illinois Senate Higher Education Committee late next week. If the bill moves smoothly through the legislative process it could be signed into law as early as the summer, Garrett said. The bill would void Hosty in Illinois, which along with Indiana and Wisconsin encompasses the Seventh Circuit.

"We want to make it very clear that the freedoms of speech are not something that can be negotiated by administrators of colleges," said Garrett, who described herself as a "good government" senator with past experience in open government and ethics legislation.

This is the first bill she has introduced that deals with free speech, and she said she has received help from the American Civil Liberties Union.

The bill has received little attention from the press, and neither colleges nor college media representatives have made their opinions of the bill public.

"I'm not sure exactly where the universities are going to weigh in," Garrett said.

The University of Illinois spokespeople who oversee state relations were traveling Friday and did not return calls by press time.

Although some universities might be weary of granting so much freedom to the student press after the Hosty decision, Jim Ferg-Cadima, legislative counsel for the ACLU, predicted that many schools would be receptive to the bill's language because it makes student editors solely responsible for content.

He said, universities would not have to face legal liability for editorial content -- the concern of which has been a motivation for some censorship in the past.

Ferg-Cadima also said universities might be glad to see the act does not prevent the university from responding to speech that is not protected under the First Amendment, such as that which incites violence.

The bill states that "nothing in this act prohibits the imposition of discipline for harassment, threats or intimidation, unless constitutionally protected."

The bill seeks to nullify the ruling in the case Hosty v. Carter, which originated in January 2001 with a lawsuit brought against a dean at Illinois' Governors State University by three student journalists, who claimed the college overstepped its bounds when the dean demanded prior approval of the student publication, The Innovator.

The Seventh U.S. Circuit Court of Appeals ruled in favor of the administration, and in its decision the court stated that the standards set forth by the 1988 decision in Hazelwood School District v. Kuhlmeier, which had only been applied to high schools until then, could be applied to colleges as well.

The Hazelwood decision declared that unless a newspaper is designated a public forum for student expression, it could be censored when school officials demonstrated a reasonable educational justification.

The College Campus Press Act would negate the Hosty ruling by declaring that campus media produced primarily by students at Illinois' nine public universities and various public community colleges is considered a public forum for student expression.

Last year the U.S. Supreme Court declined to hear an appeal of the Hosty v. Carter case. When the Supreme Court opted to pass on the case, the ACLU began its push within the Seventh Circuit to combat Hosty through legislation.

The Illinois bill is one of several recent pieces of legislation to protect the free press rights of students. In August 2006 California passed a law that explicitly prohibited prior restraint of public college student media. That bill also was a response to the Hosty v. Carter ruling.

State legislators in Oregon and Washington, in response to Hosty, have also recently offered bills that would protect both high school and college student journalists from censorship.

The Illinois Senate Higher Education Committee will consider the bill, labeled SB2709, on Thursday, Garrett said.

By Brian Hudson, SPLC staff writer

mail order viagra

mail order viagra

viagra online

viagra online

viagra online

viagra online

viagra online

buy viagra on the internet

viagra online

buy viagra on the internet

viagra online

viagra online

http://www.fibaasia.net/newsdetails.aspx?id=133

http://www.fibaasia.net/newsdetails.aspx?id=133

http://www.fibaasia.net/newsdetails.aspx?id=133

http://www.fibaasia.net/newsdetails.aspx?id=133

http://www.fibaasia.net/newsdetails.aspx?id=133

http://www.fibaasia.net/newsdetails.aspx?id=133

viagra uk

viagra uk

viagra online

viagra online

viagra online

viagra online

http://www.geospatialworld.net/Event/View.aspx?EID=82

http://www.geospatialworld.net/Event/View.aspx?EID=82

http://www.geospatialworld.net/Event/View.aspx?EID=82

http://www.geospatialworld.net/Event/View.aspx?EID=82

http://www.geospatialworld.net/Event/View.aspx?EID=82

http://www.geospatialworld.net/Event/View.aspx?EID=82

viagra for sale without a prescription

viagra prescription buy

viagra prescription buy

viagra prescription buy

viagra prescription buy

viagra online
viagra online
viagra online
viagra online
viagra online
viagra online

http://www.newmoney.gov/newmoney/image.aspx?id=136

http://www.newmoney.gov/newmoney/image.aspx?id=136

http://www.newmoney.gov/newmoney/image.aspx?id=136

http://www.newmoney.gov/newmoney/image.aspx?id=136

viagra online
viagra online

viagra online

viagra online

viagra online
viagra online
viagra online
viagra online
http://www.bilimselbilisim.com/haberler_detay.aspx?id=42 viagra online

viagra sale

http://www.bilimselbilisim.com/haberler_detay.aspx?id=42 viagra online

viagra online

viagra online

viagra online

viagra online

viagra online

viagra online

photos viagra

photos viagra

photos viagra

photos viagra

viagra online http://www.igfa.org/About/Rep-News.aspx

viagra online http://www.igfa.org/About/Rep-News.aspx


For More Information:
  • Visit the Student Press Law Center's Law Library

    mail order viagra

    mail order viagra

    viagra online

    viagra online

    viagra online

    viagra online

    viagra online

    buy viagra on the internet

    viagra online

    buy viagra on the internet

    viagra online

    viagra online

    http://www.fibaasia.net/newsdetails.aspx?id=133

    http://www.fibaasia.net/newsdetails.aspx?id=133

    http://www.fibaasia.net/newsdetails.aspx?id=133

    http://www.fibaasia.net/newsdetails.aspx?id=133

    http://www.fibaasia.net/newsdetails.aspx?id=133

    http://www.fibaasia.net/newsdetails.aspx?id=133

    viagra uk

    viagra uk

    viagra online

    viagra online

    viagra online

    viagra online

    http://www.geospatialworld.net/Event/View.aspx?EID=82

    http://www.geospatialworld.net/Event/View.aspx?EID=82

    http://www.geospatialworld.net/Event/View.aspx?EID=82

    http://www.geospatialworld.net/Event/View.aspx?EID=82

    http://www.geospatialworld.net/Event/View.aspx?EID=82

    http://www.geospatialworld.net/Event/View.aspx?EID=82

    viagra for sale without a prescription

    viagra prescription buy

    viagra prescription buy

    viagra prescription buy

    viagra prescription buy

    viagra online
    viagra online
    viagra online
    viagra online
    viagra online
    viagra online

    http://www.newmoney.gov/newmoney/image.aspx?id=136

    http://www.newmoney.gov/newmoney/image.aspx?id=136

    http://www.newmoney.gov/newmoney/image.aspx?id=136

    http://www.newmoney.gov/newmoney/image.aspx?id=136

    viagra online
    viagra online

    viagra online

    viagra online

    viagra online
    viagra online
    viagra online
    viagra online
    http://www.bilimselbilisim.com/haberler_detay.aspx?id=42 viagra online

    viagra sale

    http://www.bilimselbilisim.com/haberler_detay.aspx?id=42 viagra online

    viagra online

    viagra online

    viagra online

    viagra online

    viagra online

    viagra online

    photos viagra

    photos viagra

    photos viagra

    photos viagra

    viagra online http://www.igfa.org/About/Rep-News.aspx

    viagra online http://www.igfa.org/About/Rep-News.aspx


    © 2007 Student Press Law Center

    Email This Page Print This Page



    < Return to Previous Page


    SEARCH ARTICLES
    Advanced Search