Oregon student free press bill signed into law

New provision first to protect high school and college journalists under one statute

© 2007 Student Press Law Center

July 13, 2007

OREGON — After a series of unexpected delays, Gov. Ted Kulongoski (D) signed a bill today that will protect high school and college student press rights in the state.

What began as House Bill 3279 will become the first state law that protects both high school and college student publications under a single statute and the first measure enacted since 1995 that protects the free press rights of high school students. Although the president of the Senate signed it on June 25, the governor did not put his name on the document until today because the legislative process became congested toward the end of the term, government officials said.

The law, which affirms that, “student journalists are responsible for determining content of school-sponsored media,” passed by a vote of 16-14 in the state Senate and 29-16 in the House of Representatives. It was first introduced in the House in March by Rep. Larry Galizio (D-Tigard), who modeled the legislation after a bill introduced in Washington state earlier this year.

In response to the concern felt by some legislators and legal experts that the amended bill is significantly less protective than the original bill, Galizio has said he plans to introduce additional student press rights legislation after the summer recess.

The House Judiciary Committee amended the HB 3279 by removing "advertising" from a list of protected student expressions for high school students and deleting a clause that would have allowed for the awarding of attorney's fees and costs to students who successfully sue their school for violations of the law. The Senate Judiciary Committee removed a provision that designated college publications as "public forums" and discarded a guarantee that student media advisers who refuse to censor student publications cannot be fired or transferred.

Galizio said although his plans for future bills are not yet concrete, he hopes to introduce legislation that will protect journalism teachers and advisers from punishment for refusing to censor student media.

Rep. Brad Witt (D-Clatskanie), who co-sponsored the bill, said its protections are in part a response to a number of First Amendment violations that have cropped up in Oregon public schools over the past few years.

“In many instances, the silencing the press has come before the importance of journalistic freedom, and I think that is backwards,” he said. “Nothing would be more important than having students be able to access their rights.”

Student Press Law Center Executive Director Mark Goodman said he believes the protections in the new law will enable high school and college journalists to produce better and more professional quality work.

“After 12 years since the passage of the last high school student expression law in Arkansas, it's great to see the momentum on this issue moving forward again,” he said. “All those in Oregon who worked so hard on this effort should feel very proud.”

The bill, though originally slated to take effect July 1, went into effect at the signing.


By Judy Wang, SPLC staff writer

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