Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB571 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 SENATE BILL 571
5	5	October 23, 2023 - Introduced by Senators C ABRAL-GUEVARA, TOMCZYK and
6	6	SPREITZER, cosponsored by Representatives MICHALSKI, MURPHY, BEHNKE,
7	7	BRANDTJEN, DITTRICH, GOEBEN, GUNDRUM, MAXEY, O'CONNOR, PENTERMAN,
8	8	RETTINGER and JACOBSON. Referred to Committee on Universities and
9	9	Revenue.
10	10	AN ACT to amend 36.35 (1); and to create 36.42, 38.43 and 118.129 of the
11	11	statutes; relating to: freedom of speech and of the press in school-sponsored
12	12	media.
13	13	Analysis by the Legislative Reference Bureau
14	14	This bill affords certain rights and protections to student journalists who are
15	15	public school pupils or students enrolled in a University of Wisconsin System
16	16	institution or technical college.
17	17	Public school pupils
18	18	Under the bill, a public school pupil journalist in grade 6 to 12 has the right to
19	19	exercise freedom of speech and of the press in school-sponsored media regardless of
20	20	whether the school-sponsored media is supported financially by a public school, uses
21	21	the facilities of the public school, or is produced in conjunction with a class in which
22	22	the pupil is enrolled. The bill further establishes that a pupil journalist is responsible
23	23	for determining the news, opinion, feature, and advertising content of
24	24	school-sponsored media and prohibits a school official from exercising prior
25	25	restraint of materials prepared for school-sponsored media. Under the bill, neither
26	26	a pupil journalist nor a media adviser may be disciplined for acting in accordance
27	27	with the bill. Finally, the bill requires each school board and operator of a charter
28	28	school to adopt a policy related to pupil journalists exercising their freedom of speech
29	29	and of the press in school-sponsored media and specifies that the policy must include
30	30	an appeal process for pupils. Under the bill, a pupil journalist and a media adviser
31	31	may bring an action in circuit court to enforce the rights established under the bill.
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36	36	SENATE BILL 571
37	37	UW System and technical college students
38	38	Under the bill, a student journalist enrolled in a UW System institution or
39	39	technical college (hereafter, “school”) has the right to exercise freedom of speech and
40	40	of the press in school-sponsored media regardless of whether the school-sponsored
41	41	media is supported financially by the school, uses the facilities of the school, or is
42	42	produced in conjunction with a course in which the student is enrolled. The bill
43	43	further establishes that a student journalist is responsible for determining the news,
44	44	opinion, feature, and advertising content of school-sponsored media and prohibits
45	45	the school from exercising prior restraint of materials prepared for school-sponsored
46	46	media. Under the bill, neither a student journalist nor a media adviser may be
47	47	disciplined for acting in accordance with the bill. Finally, the bill requires the Board
48	48	of Regents of the UW System and each technical college district board to adopt a
49	49	policy related to student journalists exercising their freedom of speech and the press
50	50	in school-sponsored media and specifies that the policy must include an appeal
51	51	process for students. Under the bill, a student journalist and a media adviser may
52	52	bring an action in circuit court to enforce the rights established under the bill.
53	53	The people of the state of Wisconsin, represented in senate and assembly, do
54	54	enact as follows:
55	55	SECTION 1. 36.35 (1) of the statutes is amended to read:
56	56	36.35 (1) POWER TO SUSPEND; RULES. The board may delegate the power to
57	57	suspend or expel students for misconduct or other cause prescribed by the board.
58	58	Subject to sub. (4) and s. 36.42 (5) (a), the board shall promulgate rules under ch. 227
59	59	governing student conduct and procedures for the administration of violations.
60	60	SECTION 2. 36.42 of the statutes is created to read:
61	61	36.42 Institution-sponsored media; freedom of speech and of the press.
62	62	(1) In this section:
63	63	(a) “Institution-sponsored media” means any material that is prepared,
64	64	substantially written, published, or broadcast, in any media, by a student journalist
65	65	at an institution, under the direction of a media adviser, and distributed or generally
66	66	made available to students enrolled in the institution. “Institution-sponsored
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81	81	SECTION 2
82	82	SENATE BILL 571
83	83	media” does not include material intended solely for use in a course offered at the
84	84	institution.
85	85	(b) “Media adviser” means an individual employed, appointed, or designated
86	86	by an institution to supervise or provide instruction relating to
87	87	institution-sponsored media.
88	88	(c) “Student journalist” means a student enrolled in an institution who gathers,
89	89	compiles, writes, edits, photographs, records, or prepares information for inclusion
90	90	in institution-sponsored media.
91	91	(2) (a) Except as provided in sub. (3), a student journalist has the right to
92	92	exercise freedom of speech and of the press in institution-sponsored media
93	93	regardless of whether the institution-sponsored media is supported financially by
94	94	the institution, uses the facilities of the institution, or is produced in conjunction
95	95	with a course in which the student journalist is enrolled.
96	96	(b) Subject to sub. (3), a student journalist is responsible for determining the
97	97	news, opinion, feature, and advertising content of institution-sponsored media. A
98	98	media adviser may teach professional standards of English and journalism to
99	99	student journalists, consistent with this section.
100	100	(3) (a) Nothing in this section authorizes or protects expression that is any of
101	101	the following:
102	102	1. Libelous or slanderous.
103	103	2. Constitutes an unwarranted invasion of privacy.
104	104	3. Obscene.
105	105	4. Violates state or federal law.
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130	130	SECTION 2 SENATE BILL 571
131	131	5. Incites students as to create a clear and present danger of the commission
132	132	of an unlawful act, the violation of a lawful board policy or institution policy, or the
133	133	material and substantial disruption of the orderly operation of the institution.
134	134	(b) For purposes of par. (a) 5., an institution administrator shall base a decision
135	135	on whether or not an expression will create a clear and present danger of material
136	136	and substantial disruption of the orderly operation of the institution on specific facts,
137	137	including past experience in the institution and current events influencing student
138	138	behavior, and may not base the decision on undifferentiated fear or apprehension.
139	139	(c) Nothing in this section requires an institution to publish an advertisement
140	140	in institution-sponsored media that promotes the purchase of a product or service
141	141	that is unlawful for purchase or use by a person who has not attained 21 years of age.
142	142	(4) An institution may not exercise prior restraint of material prepared for
143	143	institution-sponsored media unless the material violates sub. (3). An institution's
144	144	administrators have the burden of showing prior justification for their limitation of
145	145	a student journalist's expression under this section and affording students a timely
146	146	opportunity for appeal.
147	147	(5) (a) A student journalist may not be disciplined for acting in accordance with
148	148	sub. (2).
149	149	(b) Notwithstanding any contrary provision of a personnel system established
150	150	under s. 36.115, a media adviser may not be dismissed, suspended, disciplined,
151	151	reassigned, transferred, or otherwise retaliated against for any of the following:
152	152	1. Refusing to infringe on conduct that is protected by this section, the First
153	153	Amendment to the U.S. Constitution, or article I, section 3, of the Wisconsin
154	154	Constitution.
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181	181	SECTION 2
182	182	SENATE BILL 571
183	183	2. Acting to protect a student journalist engaged in permissible conduct under
184	184	this section, the First Amendment to the U.S. Constitution, or article I, section 3, of
185	185	the Wisconsin Constitution.
186	186	(6) The board shall adopt a policy, applicable to each institution, for the exercise
187	187	of the right of student journalists to freedom of speech and of the press in
188	188	institution-sponsored media in accordance with this section. The policy shall
189	189	include at least all of the following:
190	190	(a) Reasonable provisions for the time, place, and manner of distribution of
191	191	institution-sponsored media.
192	192	(b) A process to timely appeal decisions made under this section.
193	193	(7) No expression made by student journalists in the exercise of free speech or
194	194	free press rights is considered to be an expression of an institution's policy, and no
195	195	institution or institution administrator may be held responsible in any civil or
196	196	criminal action for an expression made or published by student journalists.
197	197	(8) A student journalist or media adviser may bring an action for injunctive or
198	198	declaratory relief in circuit court to enforce the rights provided in this section.
199	199	Nothing in this section may be construed to create a private action on behalf of a
200	200	student journalist other than to seek injunctive relief allowing the publication of the
201	201	speech in question. A court may award reasonable attorney fees to a plaintiff who
202	202	substantially prevails in an action brought under this subsection.
203	203	SECTION 3. 38.43 of the statutes is created to read:
204	204	38.43 District board-sponsored media; freedom of speech and of the
205	205	press. (1) In this section:
206	206	(a) “District board-sponsored media” means any material that is prepared,
207	207	substantially written, published, or broadcast, in any media, by a student journalist
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234	234	SECTION 3 SENATE BILL 571
235	235	at a technical college of the district, under the direction of a media adviser, and
236	236	distributed or generally made available to students enrolled in the technical college.
237	237	“District board-sponsored media” does not include material intended solely for use
238	238	in a course offered at the technical college.
239	239	(b) “Media adviser” means an individual employed, appointed, or designated
240	240	by a district board to supervise or provide instruction relating to district
241	241	board-sponsored media.
242	242	(c) “Student journalist” means a student enrolled in a technical college who
243	243	gathers, compiles, writes, edits, photographs, records, or prepares information for
244	244	inclusion in district board-sponsored media.
245	245	(2) (a) Except as provided in sub. (3), a student journalist has the right to
246	246	exercise freedom of speech and of the press in district board-sponsored media
247	247	regardless of whether the district board-sponsored media is supported financially
248	248	by the district board, uses the facilities of the district board, or is produced in
249	249	conjunction with a course in which the student journalist is enrolled.
250	250	(b) Subject to sub. (3), a student journalist is responsible for determining the
251	251	news, opinion, feature, and advertising content of district board-sponsored media.
252	252	A media adviser may teach professional standards of English and journalism to
253	253	student journalists, consistent with this section.
254	254	(3) (a) Nothing in this section authorizes or protects expression that is any of
255	255	the following:
256	256	1. Libelous or slanderous.
257	257	2. Constitutes an unwarranted invasion of privacy.
258	258	3. Obscene.
259	259	4. Violates state or federal law.
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287	287	SECTION 3
288	288	SENATE BILL 571
289	289	5. Incites students as to create a clear and present danger of the commission
290	290	of an unlawful act, the violation of a lawful district board policy, or the material and
291	291	substantial disruption of the orderly operation of the technical college.
292	292	(b) For purposes of par. (a) 5., a district board administrator shall base a
293	293	decision on whether or not an expression will create a clear and present danger of
294	294	material and substantial disruption of the orderly operation of the technical college
295	295	on specific facts, including past experience in the technical college and current events
296	296	influencing student behavior, and may not base the decision on undifferentiated fear
297	297	or apprehension.
298	298	(c) Nothing in this section requires a district board to publish an advertisement
299	299	in district board-sponsored media that promotes the purchase of a product or service
300	300	that is unlawful for purchase or use by a person who has not attained 21 years of age.
301	301	(4) A district board may not exercise prior restraint of material prepared for
302	302	district board-sponsored media unless the material violates sub. (3). A district
303	303	board's administrators have the burden of showing prior justification for their
304	304	limitation of a student journalist's expression under this section and affording
305	305	students a timely opportunity for appeal.
306	306	(5) (a) A student journalist may not be disciplined for acting in accordance with
307	307	sub. (2).
308	308	(b) A media adviser may not be dismissed, suspended, disciplined, reassigned,
309	309	transferred, or otherwise retaliated against for any of the following:
310	310	1. Refusing to infringe on conduct that is protected by this section, the First
311	311	Amendment to the U.S. Constitution, or article I, section 3, of the Wisconsin
312	312	Constitution.
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338	338	SECTION 3 SENATE BILL 571
339	339	2. Acting to protect a student journalist engaged in permissible conduct under
340	340	this section, the First Amendment to the U.S. Constitution, or article I, section 3, of
341	341	the Wisconsin Constitution.
342	342	(6) Each district board shall adopt a policy for the exercise of the right of
343	343	student journalists to freedom of speech and of the press in district board-sponsored
344	344	media in accordance with this section. The policy shall include at least all of the
345	345	following:
346	346	(a) Reasonable provisions for the time, place, and manner of distribution of
347	347	district board-sponsored media.
348	348	(b) A process to timely appeal decisions made under this section.
349	349	(7) No expression made by student journalists in the exercise of free speech or
350	350	free press rights is considered to be an expression of a district board's policy, and no
351	351	district board or district board administrator may be held responsible in any civil or
352	352	criminal action for an expression made or published by student journalists.
353	353	(8) A student journalist or media adviser may bring an action for injunctive or
354	354	declaratory relief in circuit court to enforce the rights provided in this section.
355	355	Nothing in this section may be construed to create a private action on behalf of a
356	356	student journalist other than to seek injunctive relief allowing the publication of the
357	357	speech in question. A court may award reasonable attorney fees to a plaintiff who
358	358	substantially prevails in an action brought under this subsection.
359	359	SECTION 4. 118.129 of the statutes is created to read:
360	360	118.129 School-sponsored media; freedom of speech and of the press.
361	361	(1) In this section:
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387	387	SECTION 4
388	388	SENATE BILL 571
389	389	(a) “Media adviser” means an individual employed, appointed, or designated
390	390	by a school board or charter school to supervise or provide instruction relating to
391	391	school-sponsored media.
392	392	(b) “Pupil journalist” means a pupil in grade 6 to 12 who gathers, compiles,
393	393	writes, edits, photographs, records, or prepares information for inclusion in
394	394	school-sponsored media.
395	395	(c) “School” means a public middle, junior high, or high school, including a
396	396	charter school.
397	397	(d) “School-sponsored media” means any material that is prepared,
398	398	substantially written, published, or broadcast, in any media, by a pupil journalist at
399	399	a school, under the direction of a media adviser, and distributed or generally made
400	400	available to pupils attending the school. “School-sponsored media” does not include
401	401	material intended solely for classroom purposes.
402	402	(2) (a) Except as provided in sub. (3), a pupil journalist has the right to exercise
403	403	freedom of speech and of the press in school-sponsored media regardless of whether
404	404	the school-sponsored media is supported financially by the school, uses the facilities
405	405	of the school, or is produced in conjunction with a class in which the pupil journalist
406	406	is enrolled.
407	407	(b) Subject to sub. (3), a pupil journalist is responsible for determining the
408	408	news, opinion, feature, and advertising content of school-sponsored media. A media
409	409	adviser may teach professional standards of English and journalism to pupil
410	410	journalists, consistent with this section.
411	411	(3) (a) Nothing in this section authorizes or protects expression that is any of
412	412	the following:
413	413	1. Libelous or slanderous.
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439	439	FFK&ARG:cdc
440	440	SECTION 4 SENATE BILL 571
441	441	2. Constitutes an unwarranted invasion of privacy.
442	442	3. Obscene.
443	443	4. Violates state or federal law.
444	444	5. Incites pupils as to create a clear and present danger of the commission of
445	445	an unlawful act, the violation of a lawful school district or charter school policy, or
446	446	the material and substantial disruption of the orderly operation of the school.
447	447	(b) For purposes of par. (a) 5., a school administrator shall base a decision on
448	448	whether or not an expression will create a clear and present danger of material and
449	449	substantial disruption of the orderly operation of the school on specific facts,
450	450	including past experience in the school and current events influencing pupil
451	451	behavior, and may not base the decision on undifferentiated fear or apprehension.
452	452	(c) Nothing in this section authorizes the publication of an advertisement in
453	453	school-sponsored media that promotes the purchase of a product or service that is
454	454	unlawful for purchase or use by minors.
455	455	(4) A school official may not exercise prior restraint of material prepared for
456	456	school-sponsored media unless the material violates sub. (3). A school official has
457	457	the burden of showing prior justification for his or her limitation of a pupil
458	458	journalist's expression under this section and affording pupils a timely opportunity
459	459	for appeal.
460	460	(5) (a) A pupil journalist may not be disciplined for acting in accordance with
461	461	sub. (2).
462	462	(b) A media adviser may not be dismissed, suspended, disciplined, reassigned,
463	463	transferred, or otherwise retaliated against for any of the following:
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489	489	SECTION 4
490	490	SENATE BILL 571
491	491	1. Refusing to infringe on conduct that is protected by this section, the First
492	492	Amendment to the U.S. Constitution, or article I, section 3, of the Wisconsin
493	493	Constitution.
494	494	2. Acting to protect a pupil journalist engaged in permissible conduct under
495	495	this section, the First Amendment to the U.S. Constitution, or article I, section 3, of
496	496	the Wisconsin Constitution.
497	497	(6) Each school board and operator of a charter school shall adopt a policy for
498	498	the exercise of the right of pupil journalists to freedom of speech and of the press in
499	499	school-sponsored media in accordance with this section. The policy shall include at
500	500	least all of the following:
501	501	(a) Reasonable provisions for the time, place, and manner of distribution of
502	502	school-sponsored media.
503	503	(b) A process to timely appeal decisions made under this section.
504	504	(7) No expression made by pupil journalists in the exercise of free speech or free
505	505	press rights is considered to be an expression of school policy, and no school official,
506	506	school district, or charter school may be held responsible in any civil or criminal
507	507	action for an expression made or published by pupil journalists.
508	508	(8) A pupil journalist, individually or through a parent or guardian, or media
509	509	adviser may bring an action for injunctive or declaratory relief in circuit court to
510	510	enforce the rights provided in this section. Nothing in this section may be construed
511	511	to create a private action on behalf of a pupil journalist other than to seek injunctive
512	512	relief allowing the publication of the speech in question. A court may award
513	513	reasonable attorney fees to a plaintiff who substantially prevails in an action
514	514	brought under this subsection.
515	515	(END)
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