Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB551 Compare Versions

Only one version of the bill is available at this time.

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3	3	2023 - 2024 LEGISLATURE
4	4	2023 ASSEMBLY BILL 551
5	5	October 23, 2023 - Introduced by Representatives MICHALSKI, MURPHY, BEHNKE,
6	6	BRANDTJEN, DITTRICH, GOEBEN, GUNDRUM, MAXEY, O'CONNOR, PENTERMAN,
7	7	RETTINGER, S. JOHNSON and J ACOBSON, cosponsored by Senators
8	8	CABRAL-GUEVARA, TOMCZYK and SPREITZER. Referred to Committee on Colleges
9	9	and Universities.
10	10	*AUTHORS SUBJECT TO CHANGE*
11	11	AN ACT to amend 36.35 (1); and to create 36.42, 38.43 and 118.129 of the
12	12	statutes; relating to: freedom of speech and of the press in school-sponsored
13	13	media.
14	14	Analysis by the Legislative Reference Bureau
15	15	This bill affords certain rights and protections to student journalists who are
16	16	public school pupils or students enrolled in a University of Wisconsin System
17	17	institution or technical college.
18	18	Public school pupils
19	19	Under the bill, a public school pupil journalist in grade 6 to 12 has the right to
20	20	exercise freedom of speech and of the press in school-sponsored media regardless of
21	21	whether the school-sponsored media is supported financially by a public school, uses
22	22	the facilities of the public school, or is produced in conjunction with a class in which
23	23	the pupil is enrolled. The bill further establishes that a pupil journalist is responsible
24	24	for determining the news, opinion, feature, and advertising content of
25	25	school-sponsored media and prohibits a school official from exercising prior
26	26	restraint of materials prepared for school-sponsored media. Under the bill, neither
27	27	a pupil journalist nor a media adviser may be disciplined for acting in accordance
28	28	with the bill. Finally, the bill requires each school board and operator of a charter
29	29	school to adopt a policy related to pupil journalists exercising their freedom of speech
30	30	and of the press in school-sponsored media and specifies that the policy must include
31	31	an appeal process for pupils. Under the bill, a pupil journalist and a media adviser
32	32	may bring an action in circuit court to enforce the rights established under the bill.
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37	37	ASSEMBLY BILL 551
38	38	UW System and technical college students
39	39	Under the bill, a student journalist enrolled in a UW System institution or
40	40	technical college (hereafter, “school”) has the right to exercise freedom of speech and
41	41	of the press in school-sponsored media regardless of whether the school-sponsored
42	42	media is supported financially by the school, uses the facilities of the school, or is
43	43	produced in conjunction with a course in which the student is enrolled. The bill
44	44	further establishes that a student journalist is responsible for determining the news,
45	45	opinion, feature, and advertising content of school-sponsored media and prohibits
46	46	the school from exercising prior restraint of materials prepared for school-sponsored
47	47	media. Under the bill, neither a student journalist nor a media adviser may be
48	48	disciplined for acting in accordance with the bill. Finally, the bill requires the Board
49	49	of Regents of the UW System and each technical college district board to adopt a
50	50	policy related to student journalists exercising their freedom of speech and the press
51	51	in school-sponsored media and specifies that the policy must include an appeal
52	52	process for students. Under the bill, a student journalist and a media adviser may
53	53	bring an action in circuit court to enforce the rights established under the bill.
54	54	The people of the state of Wisconsin, represented in senate and assembly, do
55	55	enact as follows:
56	56	SECTION 1. 36.35 (1) of the statutes is amended to read:
57	57	36.35 (1) POWER TO SUSPEND; RULES. The board may delegate the power to
58	58	suspend or expel students for misconduct or other cause prescribed by the board.
59	59	Subject to sub. (4) and s. 36.42 (5) (a), the board shall promulgate rules under ch. 227
60	60	governing student conduct and procedures for the administration of violations.
61	61	SECTION 2. 36.42 of the statutes is created to read:
62	62	36.42 Institution-sponsored media; freedom of speech and of the press.
63	63	(1) In this section:
64	64	(a) “Institution-sponsored media” means any material that is prepared,
65	65	substantially written, published, or broadcast, in any media, by a student journalist
66	66	at an institution, under the direction of a media adviser, and distributed or generally
67	67	made available to students enrolled in the institution. “Institution-sponsored
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82	82	SECTION 2
83	83	ASSEMBLY BILL 551
84	84	media” does not include material intended solely for use in a course offered at the
85	85	institution.
86	86	(b) “Media adviser” means an individual employed, appointed, or designated
87	87	by an institution to supervise or provide instruction relating to
88	88	institution-sponsored media.
89	89	(c) “Student journalist” means a student enrolled in an institution who gathers,
90	90	compiles, writes, edits, photographs, records, or prepares information for inclusion
91	91	in institution-sponsored media.
92	92	(2) (a) Except as provided in sub. (3), a student journalist has the right to
93	93	exercise freedom of speech and of the press in institution-sponsored media
94	94	regardless of whether the institution-sponsored media is supported financially by
95	95	the institution, uses the facilities of the institution, or is produced in conjunction
96	96	with a course in which the student journalist is enrolled.
97	97	(b) Subject to sub. (3), a student journalist is responsible for determining the
98	98	news, opinion, feature, and advertising content of institution-sponsored media. A
99	99	media adviser may teach professional standards of English and journalism to
100	100	student journalists, consistent with this section.
101	101	(3) (a) Nothing in this section authorizes or protects expression that is any of
102	102	the following:
103	103	1. Libelous or slanderous.
104	104	2. Constitutes an unwarranted invasion of privacy.
105	105	3. Obscene.
106	106	4. Violates state or federal law.
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131	131	SECTION 2 ASSEMBLY BILL 551
132	132	5. Incites students as to create a clear and present danger of the commission
133	133	of an unlawful act, the violation of a lawful board policy or institution policy, or the
134	134	material and substantial disruption of the orderly operation of the institution.
135	135	(b) For purposes of par. (a) 5., an institution administrator shall base a decision
136	136	on whether or not an expression will create a clear and present danger of material
137	137	and substantial disruption of the orderly operation of the institution on specific facts,
138	138	including past experience in the institution and current events influencing student
139	139	behavior, and may not base the decision on undifferentiated fear or apprehension.
140	140	(c) Nothing in this section requires an institution to publish an advertisement
141	141	in institution-sponsored media that promotes the purchase of a product or service
142	142	that is unlawful for purchase or use by a person who has not attained 21 years of age.
143	143	(4) An institution may not exercise prior restraint of material prepared for
144	144	institution-sponsored media unless the material violates sub. (3). An institution's
145	145	administrators have the burden of showing prior justification for their limitation of
146	146	a student journalist's expression under this section and affording students a timely
147	147	opportunity for appeal.
148	148	(5) (a) A student journalist may not be disciplined for acting in accordance with
149	149	sub. (2).
150	150	(b) Notwithstanding any contrary provision of a personnel system established
151	151	under s. 36.115, a media adviser may not be dismissed, suspended, disciplined,
152	152	reassigned, transferred, or otherwise retaliated against for any of the following:
153	153	1. Refusing to infringe on conduct that is protected by this section, the First
154	154	Amendment to the U.S. Constitution, or article I, section 3, of the Wisconsin
155	155	Constitution.
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182	182	SECTION 2
183	183	ASSEMBLY BILL 551
184	184	2. Acting to protect a student journalist engaged in permissible conduct under
185	185	this section, the First Amendment to the U.S. Constitution, or article I, section 3, of
186	186	the Wisconsin Constitution.
187	187	(6) The board shall adopt a policy, applicable to each institution, for the exercise
188	188	of the right of student journalists to freedom of speech and of the press in
189	189	institution-sponsored media in accordance with this section. The policy shall
190	190	include at least all of the following:
191	191	(a) Reasonable provisions for the time, place, and manner of distribution of
192	192	institution-sponsored media.
193	193	(b) A process to timely appeal decisions made under this section.
194	194	(7) No expression made by student journalists in the exercise of free speech or
195	195	free press rights is considered to be an expression of an institution's policy, and no
196	196	institution or institution administrator may be held responsible in any civil or
197	197	criminal action for an expression made or published by student journalists.
198	198	(8) A student journalist or media adviser may bring an action for injunctive or
199	199	declaratory relief in circuit court to enforce the rights provided in this section.
200	200	Nothing in this section may be construed to create a private action on behalf of a
201	201	student journalist other than to seek injunctive relief allowing the publication of the
202	202	speech in question. A court may award reasonable attorney fees to a plaintiff who
203	203	substantially prevails in an action brought under this subsection.
204	204	SECTION 3. 38.43 of the statutes is created to read:
205	205	38.43 District board-sponsored media; freedom of speech and of the
206	206	press. (1) In this section:
207	207	(a) “District board-sponsored media” means any material that is prepared,
208	208	substantially written, published, or broadcast, in any media, by a student journalist
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235	235	SECTION 3 ASSEMBLY BILL 551
236	236	at a technical college of the district, under the direction of a media adviser, and
237	237	distributed or generally made available to students enrolled in the technical college.
238	238	“District board-sponsored media” does not include material intended solely for use
239	239	in a course offered at the technical college.
240	240	(b) “Media adviser” means an individual employed, appointed, or designated
241	241	by a district board to supervise or provide instruction relating to district
242	242	board-sponsored media.
243	243	(c) “Student journalist” means a student enrolled in a technical college who
244	244	gathers, compiles, writes, edits, photographs, records, or prepares information for
245	245	inclusion in district board-sponsored media.
246	246	(2) (a) Except as provided in sub. (3), a student journalist has the right to
247	247	exercise freedom of speech and of the press in district board-sponsored media
248	248	regardless of whether the district board-sponsored media is supported financially
249	249	by the district board, uses the facilities of the district board, or is produced in
250	250	conjunction with a course in which the student journalist is enrolled.
251	251	(b) Subject to sub. (3), a student journalist is responsible for determining the
252	252	news, opinion, feature, and advertising content of district board-sponsored media.
253	253	A media adviser may teach professional standards of English and journalism to
254	254	student journalists, consistent with this section.
255	255	(3) (a) Nothing in this section authorizes or protects expression that is any of
256	256	the following:
257	257	1. Libelous or slanderous.
258	258	2. Constitutes an unwarranted invasion of privacy.
259	259	3. Obscene.
260	260	4. Violates state or federal law.
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288	288	SECTION 3
289	289	ASSEMBLY BILL 551
290	290	5. Incites students as to create a clear and present danger of the commission
291	291	of an unlawful act, the violation of a lawful district board policy, or the material and
292	292	substantial disruption of the orderly operation of the technical college.
293	293	(b) For purposes of par. (a) 5., a district board administrator shall base a
294	294	decision on whether or not an expression will create a clear and present danger of
295	295	material and substantial disruption of the orderly operation of the technical college
296	296	on specific facts, including past experience in the technical college and current events
297	297	influencing student behavior, and may not base the decision on undifferentiated fear
298	298	or apprehension.
299	299	(c) Nothing in this section requires a district board to publish an advertisement
300	300	in district board-sponsored media that promotes the purchase of a product or service
301	301	that is unlawful for purchase or use by a person who has not attained 21 years of age.
302	302	(4) A district board may not exercise prior restraint of material prepared for
303	303	district board-sponsored media unless the material violates sub. (3). A district
304	304	board's administrators have the burden of showing prior justification for their
305	305	limitation of a student journalist's expression under this section and affording
306	306	students a timely opportunity for appeal.
307	307	(5) (a) A student journalist may not be disciplined for acting in accordance with
308	308	sub. (2).
309	309	(b) A media adviser may not be dismissed, suspended, disciplined, reassigned,
310	310	transferred, or otherwise retaliated against for any of the following:
311	311	1. Refusing to infringe on conduct that is protected by this section, the First
312	312	Amendment to the U.S. Constitution, or article I, section 3, of the Wisconsin
313	313	Constitution.
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339	339	SECTION 3 ASSEMBLY BILL 551
340	340	2. Acting to protect a student journalist engaged in permissible conduct under
341	341	this section, the First Amendment to the U.S. Constitution, or article I, section 3, of
342	342	the Wisconsin Constitution.
343	343	(6) Each district board shall adopt a policy for the exercise of the right of
344	344	student journalists to freedom of speech and of the press in district board-sponsored
345	345	media in accordance with this section. The policy shall include at least all of the
346	346	following:
347	347	(a) Reasonable provisions for the time, place, and manner of distribution of
348	348	district board-sponsored media.
349	349	(b) A process to timely appeal decisions made under this section.
350	350	(7) No expression made by student journalists in the exercise of free speech or
351	351	free press rights is considered to be an expression of a district board's policy, and no
352	352	district board or district board administrator may be held responsible in any civil or
353	353	criminal action for an expression made or published by student journalists.
354	354	(8) A student journalist or media adviser may bring an action for injunctive or
355	355	declaratory relief in circuit court to enforce the rights provided in this section.
356	356	Nothing in this section may be construed to create a private action on behalf of a
357	357	student journalist other than to seek injunctive relief allowing the publication of the
358	358	speech in question. A court may award reasonable attorney fees to a plaintiff who
359	359	substantially prevails in an action brought under this subsection.
360	360	SECTION 4. 118.129 of the statutes is created to read:
361	361	118.129 School-sponsored media; freedom of speech and of the press.
362	362	(1) In this section:
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388	388	SECTION 4
389	389	ASSEMBLY BILL 551
390	390	(a) “Media adviser” means an individual employed, appointed, or designated
391	391	by a school board or charter school to supervise or provide instruction relating to
392	392	school-sponsored media.
393	393	(b) “Pupil journalist” means a pupil in grade 6 to 12 who gathers, compiles,
394	394	writes, edits, photographs, records, or prepares information for inclusion in
395	395	school-sponsored media.
396	396	(c) “School” means a public middle, junior high, or high school, including a
397	397	charter school.
398	398	(d) “School-sponsored media” means any material that is prepared,
399	399	substantially written, published, or broadcast, in any media, by a pupil journalist at
400	400	a school, under the direction of a media adviser, and distributed or generally made
401	401	available to pupils attending the school. “School-sponsored media” does not include
402	402	material intended solely for classroom purposes.
403	403	(2) (a) Except as provided in sub. (3), a pupil journalist has the right to exercise
404	404	freedom of speech and of the press in school-sponsored media regardless of whether
405	405	the school-sponsored media is supported financially by the school, uses the facilities
406	406	of the school, or is produced in conjunction with a class in which the pupil journalist
407	407	is enrolled.
408	408	(b) Subject to sub. (3), a pupil journalist is responsible for determining the
409	409	news, opinion, feature, and advertising content of school-sponsored media. A media
410	410	adviser may teach professional standards of English and journalism to pupil
411	411	journalists, consistent with this section.
412	412	(3) (a) Nothing in this section authorizes or protects expression that is any of
413	413	the following:
414	414	1. Libelous or slanderous.
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441	441	SECTION 4 ASSEMBLY BILL 551
442	442	2. Constitutes an unwarranted invasion of privacy.
443	443	3. Obscene.
444	444	4. Violates state or federal law.
445	445	5. Incites pupils as to create a clear and present danger of the commission of
446	446	an unlawful act, the violation of a lawful school district or charter school policy, or
447	447	the material and substantial disruption of the orderly operation of the school.
448	448	(b) For purposes of par. (a) 5., a school administrator shall base a decision on
449	449	whether or not an expression will create a clear and present danger of material and
450	450	substantial disruption of the orderly operation of the school on specific facts,
451	451	including past experience in the school and current events influencing pupil
452	452	behavior, and may not base the decision on undifferentiated fear or apprehension.
453	453	(c) Nothing in this section authorizes the publication of an advertisement in
454	454	school-sponsored media that promotes the purchase of a product or service that is
455	455	unlawful for purchase or use by minors.
456	456	(4) A school official may not exercise prior restraint of material prepared for
457	457	school-sponsored media unless the material violates sub. (3). A school official has
458	458	the burden of showing prior justification for his or her limitation of a pupil
459	459	journalist's expression under this section and affording pupils a timely opportunity
460	460	for appeal.
461	461	(5) (a) A pupil journalist may not be disciplined for acting in accordance with
462	462	sub. (2).
463	463	(b) A media adviser may not be dismissed, suspended, disciplined, reassigned,
464	464	transferred, or otherwise retaliated against for any of the following:
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490	490	SECTION 4
491	491	ASSEMBLY BILL 551
492	492	1. Refusing to infringe on conduct that is protected by this section, the First
493	493	Amendment to the U.S. Constitution, or article I, section 3, of the Wisconsin
494	494	Constitution.
495	495	2. Acting to protect a pupil journalist engaged in permissible conduct under
496	496	this section, the First Amendment to the U.S. Constitution, or article I, section 3, of
497	497	the Wisconsin Constitution.
498	498	(6) Each school board and operator of a charter school shall adopt a policy for
499	499	the exercise of the right of pupil journalists to freedom of speech and of the press in
500	500	school-sponsored media in accordance with this section. The policy shall include at
501	501	least all of the following:
502	502	(a) Reasonable provisions for the time, place, and manner of distribution of
503	503	school-sponsored media.
504	504	(b) A process to timely appeal decisions made under this section.
505	505	(7) No expression made by pupil journalists in the exercise of free speech or free
506	506	press rights is considered to be an expression of school policy, and no school official,
507	507	school district, or charter school may be held responsible in any civil or criminal
508	508	action for an expression made or published by pupil journalists.
509	509	(8) A pupil journalist, individually or through a parent or guardian, or media
510	510	adviser may bring an action for injunctive or declaratory relief in circuit court to
511	511	enforce the rights provided in this section. Nothing in this section may be construed
512	512	to create a private action on behalf of a pupil journalist other than to seek injunctive
513	513	relief allowing the publication of the speech in question. A court may award
514	514	reasonable attorney fees to a plaintiff who substantially prevails in an action
515	515	brought under this subsection.
516	516	(END)
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