View the SPLC’s Guide to the Arkansas Student Publications Act
In addition to the First Amendment to the U.S. Constitution, states can provide additional free speech protection to their own citizens by enacting state laws or regulations. The Arkansas Student Publications Act is such a law and provides student journalists attending Arkansas public high schools and colleges with added protection against administrative censorship. The law was passed in 1995 and updated in 2019.
Arkansas Student Publications Act (public school students)
A.C.A. § 6-18-1201-1205
Section 1201. This act shall be known and cited as the “Arkansas Student Publications Act.”
Section 1202. Each school district board of directors shall adopt rules in the form of a written student media policy developed in conjunction with the student media advisors and the appropriate school administrators, consistent with the other provisions of this subchapter, which shall include reasonable provisions for the time, place, and manner of distributing school-sponsored media.
Section 1203.
(a) Student media policies shall recognize that students may exercise their right of expression guaranteed by United States Constitution, Amendment 1.
(b)(1) This right includes expression in school-sponsored media, whether such student media are supported financially by the school or by use of school facilities, or are produced in conjunction with a class, except as provided in § 6-18-1204.
(2) (A) Expression made by a student journalist in student media is not the expression of a school district’s policy.
(B) The following individuals shall not be held responsible in any civil or criminal action for any expression made or published by a student journalist in student media unless the individual interfered with, altered, or made substantial decisions with respect to the content of the student expression:
(i) A public school district official; and
(ii) A member of a public school district board of directors.
Section 4. Student publications policies shall recognize that truth, fairness, accuracy, and responsibility are essential to the practice of journalism, and that the following types of student media by student journalists are not authorized:
(1) Student media that are obscene as to minors, as defined by state law;
(2) Student media that are libelous or slanderous, as defined by state law;
(3) Student media that constitute an unwarranted invasion of privacy, as defined by state law;
(4) Student media that so incite students as to create:
(A) A clear and present danger of the commission of unlawful acts on school premises;
(B) The violation of lawful school rules; or
(C) The material and substantial disruption of the orderly operation of the school; and
(5) Student media that harass, threaten, or intimidate a student.
Section 1205. As used in this subchapter:
(1) “Student journalist” means a student who gathers, writes, edits, photographs, records, videotapes, or prepares information for dissemination in student media;
(2)(A) “Student media” means any means of communication that are:
(i) Prepared, substantially written, published, or broadcasted by a student;
(ii) Distributed or generally made available, either free of charge or for a fee, to members of the student body; and
(iii) Prepared under the direction of a student media advisor.
(B) “Student media” does not include media that is intended for distribution or transmission solely in the classroom in which it is produced; and
(3) “Student media advisor” means an individual who is employed, appointed, or designated by a public school district to supervise or provide instruction with respect to student media.
Arkansas Student Publications Act (public school students)
A.C.A. § 6-18-1101 to -1103
Section 1101. As used in this subchapter:
(1) “Protected activity” means an expression of free speech or freedom of the press as guaranteed by the First Amendment to the United States Constitution and Arkansas Constitution, Article 2, § 6;
(2)(A)“School-sponsored media” means any material that is:
(i) Prepared, substantially written, published, or broadcast by a student journalist at a public institution of higher education;
(ii) Distributed or generally made available to members of a student body at a public institution of higher education; and
(iii) Prepared under the direction of a student media adviser.
(B) “School-sponsored media” does not include any media that are prepared as communications on behalf of a public institution of higher education intended for distribution or transmission;
(3) “Student journalist” means a student at a public institution of higher education who engages in journalistic activities as part of a formal program of instruction and training at a public institution of higher education, or as part of a recognized student organization at a public institution of higher education, by gathering, compiling, writing, editing, photographing, or preparing information for dissemination through school-sponsored media; and
(4) “Student media adviser” means an individual who is employed, appointed, or designated by a public institution of higher education to supervise or provide instruction to a student journalist with respect to school-sponsored media.
Section 1102. (a)(1) Except as provided in § 6-60-1103, a student journalist has the right to engage in protected activities in school-sponsored media.