College Campus Press Act

COLLEGE CAMPUS PRESS ACT

AN ACT concerning education.

Be it enacted by the People of the State of Illinois,

represented in the General Assembly:

Section 1. Short title. This Act may be cited as the

College Campus Press Act.

Section 5. Definitions. For purposes of this Act:

“Campus media” means any matter that is prepared,

substantially written, published, or broadcast by students at

State-sponsored institutions of higher learning, that is

distributed or generally made available, either free of charge

or for a fee, to members of the student body, and that is

prepared under the direction of a student media adviser.

“Campus media” does not include media that is intended for

distribution or transmission solely in the classrooms in which

it is produced.

“Campus policy” means the views and positions of

State-sponsored institutions of higher learning promulgated by

administrators, officials, or other agents of these

institutions.

“Collegiate media adviser” means a person who is employed,

appointed, or designated by the State-sponsored institution of

higher learning to supervise or provide instruction relating to

campus media.

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“Collegiate student editor” means a student at a

State-sponsored institution of higher learning who edits

information prepared by collegiate student journalists for

dissemination in campus media.

“Collegiate student journalist” means a student at a

State-sponsored institution of higher learning who gathers,

compiles, writes, photographs, records, or prepares

information for dissemination in campus media.

“Prevailing party” includes any party who obtains some of

his or her requested relief through judicial judgment in his or

her favor, who obtains some of his or her requested relief

through a settlement agreement approved by the court, or whose

pursuit of a non-frivolous claim was a catalyst for a

unilateral change in position by the opposing party relative to

the relief sought.

“State-sponsored institution of higher learning” means the

University of Illinois, Southern Illinois University, Chicago

State University, Eastern Illinois University, Governors State

University, Illinois State University, Northeastern Illinois

University, Northern Illinois University, Western Illinois

University, and public community colleges subject to the Public

Community College Act.

Section 10. Public forum. All campus media produced

primarily by students at a State-sponsored institution of

higher learning is a public forum for expression by the student

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journalists and editors at the particular institution. Campus

media, whether campus-sponsored or noncampus-sponsored, is not

subject to prior review by public officials of a

State-sponsored institution of higher learning.

Section 15. Grammar and journalism standards. Collegiate

student editors of campus media are responsible for determining

the news, opinions, feature content, and advertising content of

campus media. This Section does not prevent a collegiate media

adviser from teaching professional standards of grammar and

journalism to collegiate student journalists. A collegiate

media adviser must not be terminated, transferred, removed,

otherwise disciplined, or retaliated against for refusing to

suppress protected free expression rights of collegiate

student journalists and of collegiate student editors.

Section 20. Injunction and declaratory relief. A

collegiate student enrolled in a State-sponsored institution

of higher learning or a collegiate media advisor of a

State-sponsored institution of higher learning may commence a

civil action to obtain appropriate injunctive and declaratory

relief as determined by a court for violation of Section 10 of

this Act by such State-sponsored institution of higher

learning. Upon motion, a court may award attorney’s fees to a

prevailing party in a civil action brought under this Section.

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Section 25. Campus policy and speech distinguished.

Expression made by a collegiate student journalist, collegiate

student editor, or other contributor in campus media is neither

an expression of campus policy nor speech attributable to a

State-sponsored institution of higher learning.

Section 30. Discipline; unprotected speech. Nothing in

this Act prohibits the imposition of discipline for harassment,

threats, or intimidation, unless constitutionally protected,

or for speech that is not constitutionally protected, including

obscenity or incitement.

Section 35. Immunity. A State-sponsored institution of

higher learning shall be immune from any lawsuit arising from

expression actually made in campus media, with the exception of

the institution’s own expression.

Section 97. Severability. The provisions of this Act are

severable under Section 1.31 of the Statute on Statutes.

SB0729 Enrolled LRB095 10231 NHT 30445 b

Public Act 095-0580

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