1 | | - | SB1988 EngrossedLRB104 12135 LNS 22234 b SB1988 Engrossed LRB104 12135 LNS 22234 b |
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2 | | - | SB1988 Engrossed LRB104 12135 LNS 22234 b |
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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 |
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| 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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| 3 | + | 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 |
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| 4 | + | 110 ILCS 13/5 |
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| 5 | + | 110 ILCS 13/10 |
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| 6 | + | 110 ILCS 13/20 |
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| 7 | + | 110 ILCS 13/25 |
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| 8 | + | 110 ILCS 13/35 |
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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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| 10 | + | LRB104 12135 LNS 22234 b LRB104 12135 LNS 22234 b |
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| 11 | + | LRB104 12135 LNS 22234 b |
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| 12 | + | A BILL FOR |
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| 13 | + | SB1988LRB104 12135 LNS 22234 b SB1988 LRB104 12135 LNS 22234 b |
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| 14 | + | SB1988 LRB104 12135 LNS 22234 b |
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3 | 15 | | 1 AN ACT concerning education. |
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4 | 16 | | 2 Be it enacted by the People of the State of Illinois, |
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5 | 17 | | 3 represented in the General Assembly: |
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6 | 18 | | 4 Section 5. The College Campus Press Act is amended by |
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7 | 19 | | 5 changing Sections 5, 10, 20, 25, and 35 as follows: |
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8 | 20 | | 6 (110 ILCS 13/5) |
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9 | 21 | | 7 Sec. 5. Definitions. For purposes of this Act: |
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10 | 22 | | 8 "Campus media" means any matter that is prepared, |
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11 | 23 | | 9 substantially written, published, or broadcast by students at |
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12 | 24 | | 10 State-sponsored institutions of higher learning, that is |
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13 | 25 | | 11 distributed or generally made available, either free of charge |
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14 | 26 | | 12 or for a fee, to members of the student body, and that is |
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15 | 27 | | 13 prepared under the direction of a student media adviser. |
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16 | 28 | | 14 "Campus media" does not include media that is intended for |
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17 | 29 | | 15 distribution or transmission solely in the classrooms in which |
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18 | 30 | | 16 it is produced. |
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19 | 31 | | 17 "Campus policy" means the views and positions of |
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20 | 32 | | 18 State-sponsored institutions of higher learning promulgated by |
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21 | 33 | | 19 administrators, officials, or other agents of these |
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22 | 34 | | 20 institutions. |
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23 | 35 | | 21 "Collegiate media adviser" means a person who is employed, |
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24 | 36 | | 22 appointed, or designated by the State-sponsored institution of |
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25 | 37 | | 23 higher learning to supervise or provide instruction relating |
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26 | 38 | | |
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27 | 39 | | |
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28 | 40 | | |
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34 | 80 | | 1 to campus media. |
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35 | 81 | | 2 "Collegiate student editor" means a student at a |
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36 | 82 | | 3 State-sponsored institution of higher learning who edits |
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37 | 83 | | 4 information prepared by collegiate student journalists for |
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38 | 84 | | 5 dissemination in campus media. |
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39 | 85 | | 6 "Collegiate student journalist" means a student at a |
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40 | 86 | | 7 State-sponsored institution of higher learning who gathers, |
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41 | 87 | | 8 compiles, writes, photographs, records, or prepares |
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42 | 88 | | 9 information for dissemination in campus media. |
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43 | 89 | | 10 "Prevailing party" includes any party who obtains some of |
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44 | 90 | | 11 his or her requested relief through judicial judgment in his |
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45 | 91 | | 12 or her favor, who obtains some of his or her requested relief |
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46 | 92 | | 13 through a settlement agreement approved by the court, or whose |
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47 | 93 | | 14 pursuit of a non-frivolous claim was a catalyst for a |
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48 | 94 | | 15 unilateral change in position by the opposing party relative |
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49 | 95 | | 16 to the relief sought. |
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50 | 96 | | 17 "Public media produced at a State-sponsored institution of |
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51 | 97 | | 18 higher learning" means media created and distributed in print |
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52 | 98 | | 19 or audiovisual format which has been produced by an entity |
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53 | 99 | | 20 receiving public funding and which has a license or other |
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54 | 100 | | 21 agreement with a State-sponsored institution of higher |
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55 | 101 | | 22 learning to use that institution's resources for the purposes |
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56 | 102 | | 23 of producing or distributing the media for which the entity |
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57 | 103 | | 24 receives public funding. |
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58 | 104 | | 25 "State-sponsored institution of higher learning" means the |
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59 | 105 | | 26 University of Illinois, Southern Illinois University, Chicago |
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60 | 106 | | |
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61 | 107 | | |
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62 | 108 | | |
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63 | 109 | | |
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64 | 110 | | |
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70 | 116 | | 1 State University, Eastern Illinois University, Governors State |
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71 | 117 | | 2 University, Illinois State University, Northeastern Illinois |
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72 | 118 | | 3 University, Northern Illinois University, Western Illinois |
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73 | 119 | | 4 University, and public community colleges subject to the |
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74 | 120 | | 5 Public Community College Act. |
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75 | 121 | | 6 (Source: P.A. 95-580, eff. 6-1-08.) |
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76 | 122 | | 7 (110 ILCS 13/10) |
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77 | 123 | | 8 Sec. 10. Public forum. |
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78 | 124 | | 9 (a) All campus media produced primarily by students at a |
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79 | 125 | | 10 State-sponsored institution of higher learning is a public |
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80 | 126 | | 11 forum for expression by the student journalists and editors at |
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81 | 127 | | 12 the particular institution. Campus media, whether |
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82 | 128 | | 13 campus-sponsored or noncampus-sponsored, is not subject to |
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83 | 129 | | 14 prior review by public officials of a State-sponsored |
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84 | 130 | | 15 institution of higher learning. |
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85 | 131 | | 16 (b) All public media produced at a State-sponsored |
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86 | 132 | | 17 institution of higher learning is a public forum for |
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87 | 133 | | 18 expression by the employees producing media, including |
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88 | 134 | | 19 journalists and editors, at the particular institution of |
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89 | 135 | | 20 higher learning. Public media produced at a State-sponsored |
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90 | 136 | | 21 institution of higher learning shall not be subject to prior |
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91 | 137 | | 22 review by public officials of a State-sponsored institution of |
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92 | 138 | | 23 higher learning. |
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93 | 139 | | 24 (Source: P.A. 95-580, eff. 6-1-08.) |
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94 | 140 | | |
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95 | 141 | | |
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96 | 142 | | |
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97 | 143 | | |
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98 | 144 | | |
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104 | 150 | | 1 (110 ILCS 13/20) |
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105 | 151 | | 2 Sec. 20. Injunction and declaratory relief. Either: (1) A |
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106 | 152 | | 3 collegiate student enrolled in a State-sponsored institution |
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107 | 153 | | 4 of higher learning; (2) or a collegiate media advisor of a |
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108 | 154 | | 5 State-sponsored institution of higher learning; or (3) an |
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109 | 155 | | 6 employee working for or an agent of an entity creating public |
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110 | 156 | | 7 media produced at a State-sponsored institution of higher |
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111 | 157 | | 8 learning may commence a civil action to obtain appropriate |
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112 | 158 | | 9 injunctive and declaratory relief as determined by a court for |
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113 | 159 | | 10 violation of Section 10 of this Act by such State-sponsored |
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114 | 160 | | 11 institution of higher learning. Upon motion, a court may award |
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115 | 161 | | 12 attorney's fees to a prevailing party in a civil action |
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116 | 162 | | 13 brought under this Section. |
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117 | 163 | | 14 (Source: P.A. 95-580, eff. 6-1-08.) |
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118 | 164 | | 15 (110 ILCS 13/25) |
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119 | 165 | | 16 Sec. 25. Campus policy and speech distinguished. |
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120 | 166 | | 17 Expression made by a collegiate student journalist, collegiate |
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121 | 167 | | 18 student editor, employee or agent of an entity producing |
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122 | 168 | | 19 public media produced at a State-sponsored institution of |
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123 | 169 | | 20 higher learning, or other contributor in campus media or |
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124 | 170 | | 21 public media produced at a State-sponsored institution of |
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125 | 171 | | 22 higher learning is neither an expression of campus policy nor |
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126 | 172 | | 23 speech attributable to a State-sponsored institution of higher |
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127 | 173 | | 24 learning. |
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128 | 174 | | 25 (Source: P.A. 95-580, eff. 6-1-08.) |
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129 | 175 | | |
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130 | 176 | | |
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131 | 177 | | |
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132 | 178 | | |
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133 | 179 | | |
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137 | | - | SB1988 Engrossed- 5 -LRB104 12135 LNS 22234 b SB1988 Engrossed - 5 - LRB104 12135 LNS 22234 b |
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138 | | - | SB1988 Engrossed - 5 - LRB104 12135 LNS 22234 b |
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139 | | - | 1 (110 ILCS 13/35) |
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140 | | - | 2 Sec. 35. Immunity. A State-sponsored institution of higher |
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141 | | - | 3 learning shall be immune from any lawsuit arising from |
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142 | | - | 4 expression actually made in campus media or made by public |
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143 | | - | 5 media produced at a State-sponsored institution of higher |
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144 | | - | 6 learning, with the exception of the institution's own |
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145 | | - | 7 expression. |
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146 | | - | 8 (Source: P.A. 95-580, eff. 6-1-08.) |
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| 183 | + | SB1988- 5 -LRB104 12135 LNS 22234 b SB1988 - 5 - LRB104 12135 LNS 22234 b |
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| 184 | + | SB1988 - 5 - LRB104 12135 LNS 22234 b |
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