1 | 1 | | |
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2 | 2 | | FIRST REGULAR SESSION |
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3 | 3 | | SENATE BILL NO. 258 |
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4 | 4 | | 103RD GENERAL ASSEMBLY |
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5 | 5 | | INTRODUCED BY SENATOR WASHINGTON. |
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6 | 6 | | 0824S.01I KRISTINA MARTIN, Secretary |
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7 | 7 | | AN ACT |
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8 | 8 | | To amend chapters 171 and 173, RSMo, by adding thereto two new sections relating to student |
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9 | 9 | | journalists. |
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10 | 10 | | |
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11 | 11 | | Be it enacted by the General Assembly of the State of Missouri, as follows: |
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12 | 12 | | Section A. Chapters 171 and 173, RSMo, are amended by 1 |
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13 | 13 | | adding thereto two new sections, to be known as sections 171.200 2 |
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14 | 14 | | and 173.1551, to read as follows:3 |
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15 | 15 | | 171.200. 1. This section and section 173.1551 shall 1 |
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16 | 16 | | be known and may be cited as the "Cronkite New Voices Act". 2 |
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17 | 17 | | 2. As used in this section, the following terms mean: 3 |
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18 | 18 | | (1) "School-sponsored media", any material that is 4 |
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19 | 19 | | prepared, substantially written, published, or broadcast by 5 |
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20 | 20 | | a student journalist at a public high school; distributed or 6 |
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21 | 21 | | generally made available to members of the student bo dy; and 7 |
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22 | 22 | | prepared under the direction of a student -media advisor. 8 |
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23 | 23 | | "School-sponsored media" does not include any media intended 9 |
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24 | 24 | | for distribution or transmission solely in the classroom in 10 |
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25 | 25 | | which the media is produced; 11 |
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26 | 26 | | (2) "Student journalist", a pu blic high school student 12 |
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27 | 27 | | who gathers, compiles, writes, edits, photographs, records, 13 |
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28 | 28 | | produces, or prepares content for dissemination in school - 14 |
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29 | 29 | | sponsored media; 15 |
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30 | 30 | | (3) "Student-media advisor", an individual employed, 16 |
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31 | 31 | | appointed, or designated by a sch ool district to supervise 17 |
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32 | 32 | | or provide instruction relating to school -sponsored media. 18 SB 258 2 |
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33 | 33 | | 3. Subject to the provisions of this section, the 19 |
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34 | 34 | | freedom of the press in school -sponsored media shall be 20 |
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35 | 35 | | protected. A student journalist has the right to exerci se 21 |
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36 | 36 | | freedom of speech and of the press in school -sponsored 22 |
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37 | 37 | | media. Material in school-sponsored media shall not be 23 |
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38 | 38 | | suppressed solely because it involves political or 24 |
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39 | 39 | | controversial subject matter. 25 |
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40 | 40 | | 4. School districts and student -media advisors may 26 |
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41 | 41 | | regulate the number, length, frequency, and format of school - 27 |
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42 | 42 | | sponsored media. Review of material prepared for school - 28 |
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43 | 43 | | sponsored media and encouragement of the expression of such 29 |
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44 | 44 | | material in a manner that is consistent with professional 30 |
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45 | 45 | | standards of English and journalism shall not be deemed to 31 |
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46 | 46 | | be or construed as an abridgement of the right to freedom of 32 |
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47 | 47 | | expression in school -sponsored media or a restraint on 33 |
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48 | 48 | | publication of the material therein. 34 |
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49 | 49 | | 5. A school district shall not authorize any prior 35 |
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50 | 50 | | restraint of any school -sponsored media except if the 36 |
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51 | 51 | | administration or student -media advisor reasonably 37 |
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52 | 52 | | determines or anticipates that the media: 38 |
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53 | 53 | | (1) Is libelous or slanderous; 39 |
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54 | 54 | | (2) Constitutes an invasion of privacy; 40 |
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55 | 55 | | (3) Violates federal or state law; 41 |
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56 | 56 | | (4) Is a threat of violence; 42 |
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57 | 57 | | (5) Advertises a product or service that is illegal or 43 |
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58 | 58 | | is not permitted to be sold to minors by law; 44 |
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59 | 59 | | (6) Violates the rights of others; 45 |
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60 | 60 | | (7) Is likely to incite students to commit an u nlawful 46 |
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61 | 61 | | act or to violate school district policy or procedure; or 47 |
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62 | 62 | | (8) Is likely to materially and substantially disrupt 48 |
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63 | 63 | | or interfere with the orderly operation of the school. 49 SB 258 3 |
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64 | 64 | | 6. Subject to the limitations imposed by this section, 50 |
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65 | 65 | | student journalists are responsible for determining the 51 |
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66 | 66 | | news, opinion, and advertising content of school -sponsored 52 |
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67 | 67 | | media. Student-media advisors are responsible for teaching 53 |
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68 | 68 | | and encouraging free and responsible expression of material 54 |
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69 | 69 | | and professional standards o f English and journalism. No 55 |
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70 | 70 | | student-media advisor shall be disciplined, terminated from 56 |
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71 | 71 | | employment, transferred, or relieved of duties imposed under 57 |
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72 | 72 | | this subsection for refusal to abridge or infringe upon the 58 |
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73 | 73 | | right to freedom of expression conferred by this section. 59 |
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74 | 74 | | 7. No publication or other expression of matter by 60 |
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75 | 75 | | students in the exercise of rights under this section shall 61 |
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76 | 76 | | be deemed to be an expression of a school district's 62 |
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77 | 77 | | policy. No school district, member of the board of 63 |
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78 | 78 | | education, student-media advisor, or employee of a school 64 |
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79 | 79 | | district shall be held liable in any civil or criminal 65 |
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80 | 80 | | action for any publication or other expression of matter by 66 |
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81 | 81 | | student journalists in the exercise of rights under this 67 |
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82 | 82 | | section except to the extent that s uch persons or entities 68 |
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83 | 83 | | actively participated in the conduct that is the subject of 69 |
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84 | 84 | | the civil or criminal action or knew of the conduct and 70 |
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85 | 85 | | failed to take timely action to prevent or withdraw such 71 |
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86 | 86 | | publication or expression that is the subject of the ci vil 72 |
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87 | 87 | | or criminal action. A student journalist who has attained 73 |
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88 | 88 | | the age of majority may be held liable in any civil or 74 |
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89 | 89 | | criminal action for material expressed in student 75 |
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90 | 90 | | publications to the extent of such student journalist’s 76 |
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91 | 91 | | responsibility for and invo lvement in the preparation and 77 |
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92 | 92 | | publication of such matter. 78 |
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93 | 93 | | 8. Each school district shall adopt a written policy 79 |
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94 | 94 | | regarding the freedom of the press and expression by 80 |
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95 | 95 | | students in accordance with this section. The policy shall 81 SB 258 4 |
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96 | 96 | | include reasonable pr ovisions for the time, place, and 82 |
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97 | 97 | | manner of student expression. The policy may also include 83 |
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98 | 98 | | limitations regarding language that may be defined as 84 |
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99 | 99 | | vulgar, obscene, offensively lewd, profane, harassing, 85 |
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100 | 100 | | threatening, or intimidating. 86 |
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101 | 101 | | 173.1551. 1. As used in this section, the following 1 |
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102 | 102 | | terms mean: 2 |
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103 | 103 | | (1) "School-sponsored media", any material that is 3 |
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104 | 104 | | prepared, substantially written, published, or broadcast by 4 |
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105 | 105 | | a student journalist at a public institution of higher 5 |
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106 | 106 | | education in this state; distributed or generally made 6 |
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107 | 107 | | available to members of the student body; and prepared under 7 |
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108 | 108 | | the direction of a student -media advisor. "School-sponsored 8 |
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109 | 109 | | media" does not include any media intended for distribution 9 |
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110 | 110 | | or transmission solely in the classroom in which the media 10 |
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111 | 111 | | is produced; 11 |
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112 | 112 | | (2) "Student journalist", a student of a public 12 |
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113 | 113 | | institution of higher education who gathers, compiles, 13 |
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114 | 114 | | writes, edits, photographs, records, produces, or prepares 14 |
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115 | 115 | | content for dissemination in school -sponsored media; 15 |
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116 | 116 | | (3) "Student-media advisor", an individual employed, 16 |
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117 | 117 | | appointed, or designated by a public institution of higher 17 |
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118 | 118 | | education in this state to supervise or provide instruction 18 |
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119 | 119 | | relating to school-sponsored media. 19 |
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120 | 120 | | 2. Subject to the provisions of this section, the 20 |
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121 | 121 | | freedom of the press in school -sponsored media shall be 21 |
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122 | 122 | | protected. A student journalist has the right to exercise 22 |
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123 | 123 | | freedom of speech and of the press in school -sponsored 23 |
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124 | 124 | | media. Material in school-sponsored media shall not b e 24 |
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125 | 125 | | suppressed solely because it involves political or 25 |
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126 | 126 | | controversial subject matter. 26 SB 258 5 |
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127 | 127 | | 3. Subject to subsection 4 of this section, a student 27 |
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128 | 128 | | journalist is responsible for determining the news, opinion, 28 |
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129 | 129 | | feature, and advertising content of school -sponsored media. 29 |
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130 | 130 | | This subsection shall not be construed to prevent a student - 30 |
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131 | 131 | | media advisor from teaching professional standards of 31 |
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132 | 132 | | English and journalism to student journalists. 32 |
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133 | 133 | | 4. This section does not authorize or protect 33 |
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134 | 134 | | expression by a student th at: 34 |
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135 | 135 | | (1) Is libelous or slanderous; 35 |
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136 | 136 | | (2) Constitutes an invasion of privacy; 36 |
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137 | 137 | | (3) Violates federal or state law; 37 |
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138 | 138 | | (4) Is likely to incite students to commit an unlawful 38 |
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139 | 139 | | act or to violate institution policy or procedure; or 39 |
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140 | 140 | | (5) Is likely to materially and substantially disrupt 40 |
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141 | 141 | | or interfere with the orderly operation of the institution. 41 |
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142 | 142 | | 5. Except as provided in subsection 4 of this section, 42 |
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143 | 143 | | a student journalist at a public institution of higher 43 |
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144 | 144 | | education in this state shall not be disciplined for 44 |
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145 | 145 | | exercising such student journalist's freedom of expression 45 |
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146 | 146 | | in school-sponsored media. 46 |
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147 | 147 | | 6. A student-media advisor at a public institution of 47 |
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148 | 148 | | higher education in this state shall not be dismissed, 48 |
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149 | 149 | | suspended, disciplined, rea ssigned, transferred, or 49 |
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150 | 150 | | otherwise retaliated against for protecting or refusing to 50 |
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151 | 151 | | infringe on the rights of student journalists outlined in 51 |
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152 | 152 | | this section. 52 |
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153 | 153 | | 7. No publication or other expression of matter by 53 |
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154 | 154 | | students in the exercise of rights unde r this section shall 54 |
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155 | 155 | | be deemed to be an expression of an institution's policy. 55 |
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156 | 156 | | No public institution of higher education or member of the 56 |
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157 | 157 | | institution's governing body or employee thereof shall be 57 |
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158 | 158 | | held liable in any civil or criminal action for any 58 SB 258 6 |
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159 | 159 | | publication or other expression of matter by student 59 |
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160 | 160 | | journalists in the exercise of rights under this section 60 |
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161 | 161 | | except to the extent that such persons or entities actively 61 |
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162 | 162 | | participated in the conduct that is the subject of the civil 62 |
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163 | 163 | | or criminal action. 63 |
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164 | 164 | | |
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