Illinois 2025-2026 Regular Session

Illinois Senate Bill SB1988 Compare Versions

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1+104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1988 Introduced 2/6/2025, by Sen. David Koehler SYNOPSIS AS INTRODUCED: 110 ILCS 13/5110 ILCS 13/10110 ILCS 13/20110 ILCS 13/25110 ILCS 13/35 Amends the College Campus Press Act. Defines "public media produced at a State-sponsored institution of higher learning". Provides that all public media produced at a State-sponsored institution of higher learning is a public forum for expression by the employees producing media at the particular institution of higher learning. Provides that public media produced at a State-sponsored institution of higher learning shall not be subject to prior review by public officials of a State-sponsored institution of higher learning. Allows an employee working for or an agent of an entity creating public media produced at a State-sponsored institution of higher learning to commence a civil action to obtain appropriate injunctive and declaratory relief as determined by a court for violation of the Act by such State-sponsored institution of higher learning. Provides that expression made by an employee or agent of an entity producing public media produced at a State-sponsored institution of higher learning is neither expression of campus policy nor speech attributable to a State-sponsored institution of higher learning. Provides that a State-sponsored institution of higher learning shall be immune from any lawsuit arising from expression actually made by the public media produced at a State-sponsored institution of higher learning LRB104 12135 LNS 22234 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1988 Introduced 2/6/2025, by Sen. David Koehler SYNOPSIS AS INTRODUCED: 110 ILCS 13/5110 ILCS 13/10110 ILCS 13/20110 ILCS 13/25110 ILCS 13/35 110 ILCS 13/5 110 ILCS 13/10 110 ILCS 13/20 110 ILCS 13/25 110 ILCS 13/35 Amends the College Campus Press Act. Defines "public media produced at a State-sponsored institution of higher learning". Provides that all public media produced at a State-sponsored institution of higher learning is a public forum for expression by the employees producing media at the particular institution of higher learning. Provides that public media produced at a State-sponsored institution of higher learning shall not be subject to prior review by public officials of a State-sponsored institution of higher learning. Allows an employee working for or an agent of an entity creating public media produced at a State-sponsored institution of higher learning to commence a civil action to obtain appropriate injunctive and declaratory relief as determined by a court for violation of the Act by such State-sponsored institution of higher learning. Provides that expression made by an employee or agent of an entity producing public media produced at a State-sponsored institution of higher learning is neither expression of campus policy nor speech attributable to a State-sponsored institution of higher learning. Provides that a State-sponsored institution of higher learning shall be immune from any lawsuit arising from expression actually made by the public media produced at a State-sponsored institution of higher learning LRB104 12135 LNS 22234 b LRB104 12135 LNS 22234 b A BILL FOR
2+104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1988 Introduced 2/6/2025, by Sen. David Koehler SYNOPSIS AS INTRODUCED:
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9+Amends the College Campus Press Act. Defines "public media produced at a State-sponsored institution of higher learning". Provides that all public media produced at a State-sponsored institution of higher learning is a public forum for expression by the employees producing media at the particular institution of higher learning. Provides that public media produced at a State-sponsored institution of higher learning shall not be subject to prior review by public officials of a State-sponsored institution of higher learning. Allows an employee working for or an agent of an entity creating public media produced at a State-sponsored institution of higher learning to commence a civil action to obtain appropriate injunctive and declaratory relief as determined by a court for violation of the Act by such State-sponsored institution of higher learning. Provides that expression made by an employee or agent of an entity producing public media produced at a State-sponsored institution of higher learning is neither expression of campus policy nor speech attributable to a State-sponsored institution of higher learning. Provides that a State-sponsored institution of higher learning shall be immune from any lawsuit arising from expression actually made by the public media produced at a State-sponsored institution of higher learning
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315 1 AN ACT concerning education.
416 2 Be it enacted by the People of the State of Illinois,
517 3 represented in the General Assembly:
618 4 Section 5. The College Campus Press Act is amended by
719 5 changing Sections 5, 10, 20, 25, and 35 as follows:
820 6 (110 ILCS 13/5)
921 7 Sec. 5. Definitions. For purposes of this Act:
1022 8 "Campus media" means any matter that is prepared,
1123 9 substantially written, published, or broadcast by students at
1224 10 State-sponsored institutions of higher learning, that is
1325 11 distributed or generally made available, either free of charge
1426 12 or for a fee, to members of the student body, and that is
1527 13 prepared under the direction of a student media adviser.
1628 14 "Campus media" does not include media that is intended for
1729 15 distribution or transmission solely in the classrooms in which
1830 16 it is produced.
1931 17 "Campus policy" means the views and positions of
2032 18 State-sponsored institutions of higher learning promulgated by
2133 19 administrators, officials, or other agents of these
2234 20 institutions.
2335 21 "Collegiate media adviser" means a person who is employed,
2436 22 appointed, or designated by the State-sponsored institution of
2537 23 higher learning to supervise or provide instruction relating
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41+104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1988 Introduced 2/6/2025, by Sen. David Koehler SYNOPSIS AS INTRODUCED:
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48+Amends the College Campus Press Act. Defines "public media produced at a State-sponsored institution of higher learning". Provides that all public media produced at a State-sponsored institution of higher learning is a public forum for expression by the employees producing media at the particular institution of higher learning. Provides that public media produced at a State-sponsored institution of higher learning shall not be subject to prior review by public officials of a State-sponsored institution of higher learning. Allows an employee working for or an agent of an entity creating public media produced at a State-sponsored institution of higher learning to commence a civil action to obtain appropriate injunctive and declaratory relief as determined by a court for violation of the Act by such State-sponsored institution of higher learning. Provides that expression made by an employee or agent of an entity producing public media produced at a State-sponsored institution of higher learning is neither expression of campus policy nor speech attributable to a State-sponsored institution of higher learning. Provides that a State-sponsored institution of higher learning shall be immune from any lawsuit arising from expression actually made by the public media produced at a State-sponsored institution of higher learning
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3480 1 to campus media.
3581 2 "Collegiate student editor" means a student at a
3682 3 State-sponsored institution of higher learning who edits
3783 4 information prepared by collegiate student journalists for
3884 5 dissemination in campus media.
3985 6 "Collegiate student journalist" means a student at a
4086 7 State-sponsored institution of higher learning who gathers,
4187 8 compiles, writes, photographs, records, or prepares
4288 9 information for dissemination in campus media.
4389 10 "Prevailing party" includes any party who obtains some of
4490 11 his or her requested relief through judicial judgment in his
4591 12 or her favor, who obtains some of his or her requested relief
4692 13 through a settlement agreement approved by the court, or whose
4793 14 pursuit of a non-frivolous claim was a catalyst for a
4894 15 unilateral change in position by the opposing party relative
4995 16 to the relief sought.
5096 17 "Public media produced at a State-sponsored institution of
5197 18 higher learning" means media created and distributed in print
5298 19 or audiovisual format which has been produced by an entity
5399 20 receiving public funding and which has a license or other
54100 21 agreement with a State-sponsored institution of higher
55101 22 learning to use that institution's resources for the purposes
56102 23 of producing or distributing the media for which the entity
57103 24 receives public funding.
58104 25 "State-sponsored institution of higher learning" means the
59105 26 University of Illinois, Southern Illinois University, Chicago
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70116 1 State University, Eastern Illinois University, Governors State
71117 2 University, Illinois State University, Northeastern Illinois
72118 3 University, Northern Illinois University, Western Illinois
73119 4 University, and public community colleges subject to the
74120 5 Public Community College Act.
75121 6 (Source: P.A. 95-580, eff. 6-1-08.)
76122 7 (110 ILCS 13/10)
77123 8 Sec. 10. Public forum.
78124 9 (a) All campus media produced primarily by students at a
79125 10 State-sponsored institution of higher learning is a public
80126 11 forum for expression by the student journalists and editors at
81127 12 the particular institution. Campus media, whether
82128 13 campus-sponsored or noncampus-sponsored, is not subject to
83129 14 prior review by public officials of a State-sponsored
84130 15 institution of higher learning.
85131 16 (b) All public media produced at a State-sponsored
86132 17 institution of higher learning is a public forum for
87133 18 expression by the employees producing media, including
88134 19 journalists and editors, at the particular institution of
89135 20 higher learning. Public media produced at a State-sponsored
90136 21 institution of higher learning shall not be subject to prior
91137 22 review by public officials of a State-sponsored institution of
92138 23 higher learning.
93139 24 (Source: P.A. 95-580, eff. 6-1-08.)
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104150 1 (110 ILCS 13/20)
105151 2 Sec. 20. Injunction and declaratory relief. Either: (1) A
106152 3 collegiate student enrolled in a State-sponsored institution
107153 4 of higher learning; (2) or a collegiate media advisor of a
108154 5 State-sponsored institution of higher learning; or (3) an
109155 6 employee working for or an agent of an entity creating public
110156 7 media produced at a State-sponsored institution of higher
111157 8 learning may commence a civil action to obtain appropriate
112158 9 injunctive and declaratory relief as determined by a court for
113159 10 violation of Section 10 of this Act by such State-sponsored
114160 11 institution of higher learning. Upon motion, a court may award
115161 12 attorney's fees to a prevailing party in a civil action
116162 13 brought under this Section.
117163 14 (Source: P.A. 95-580, eff. 6-1-08.)
118164 15 (110 ILCS 13/25)
119165 16 Sec. 25. Campus policy and speech distinguished.
120166 17 Expression made by a collegiate student journalist, collegiate
121167 18 student editor, employee or agent of an entity producing
122168 19 public media produced at a State-sponsored institution of
123169 20 higher learning, or other contributor in campus media or
124170 21 public media produced at a State-sponsored institution of
125171 22 higher learning is neither an expression of campus policy nor
126172 23 speech attributable to a State-sponsored institution of higher
127173 24 learning.
128174 25 (Source: P.A. 95-580, eff. 6-1-08.)
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139-1 (110 ILCS 13/35)
140-2 Sec. 35. Immunity. A State-sponsored institution of higher
141-3 learning shall be immune from any lawsuit arising from
142-4 expression actually made in campus media or made by public
143-5 media produced at a State-sponsored institution of higher
144-6 learning, with the exception of the institution's own
145-7 expression.
146-8 (Source: P.A. 95-580, eff. 6-1-08.)
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