SB1300112th GA (Historical)Introduced

Amends TCA Title 49.

This bill prohibits an institution of higher education from dismissing, suspending, disciplining, reassigning, or transferring a student media advisor for: taking reasonable and appropriate action to protect a student journalist who engages in protected conduct, as discussed below, or refusing to infringe on conduct by a student journalist that is protected, as discussed below. A "student media advisor" means an employee of a public institution of higher education who is appointed, designated, or employed to supervise or provide instruction relating to institution-sponsored media. This bill provides that a student journalist has the right to exercise freedom of speech and freedom of the press in institution-sponsored student media, including determining the news and opinion content of institution-sponsored student media, regardless of whether the media is supported financially by the governing board of the institution, supported through the use of campus facilities, or produced in conjunction with a course in which the student is enrolled. Notwithstanding this provision and the present law provision regarding free speech under the Campus Free Speech Protection Act, this bill provides that its protection will not extend to a student journalist when the content of the media: (1) Is libelous or slanderous; (2) Constitutes an unwarranted invasion of privacy; (3) Violates federal or state law; (4) Incites students in a manner that creates a clear and present danger of the commission of an unlawful act or the material and substantial disruption of the orderly operation of the institution; or (5) Is not protected by the First Amendment to the United States Constitution or the Constitution of Tennessee.

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Overview

This bill prohibits an institution of higher education from dismissing, suspending, disciplining, reassigning, or transferring a student media advisor for: taking reasonable and appropriate action to protect a student journalist who engages in protected conduct, as discussed below, or refusing to infringe on conduct by a student journalist that is protected, as discussed below. A "student media advisor" means an employee of a public institution of higher education who is appointed, designated, or employed to supervise or provide instruction relating to institution-sponsored media. This bill provides that a student journalist has the right to exercise freedom of speech and freedom of the press in institution-sponsored student media, including determining the news and opinion content of institution-sponsored student media, regardless of whether the media is supported financially by the governing board of the institution, supported through the use of campus facilities, or produced in conjunction with a course in which the student is enrolled. Notwithstanding this provision and the present law provision regarding free speech under the Campus Free Speech Protection Act, this bill provides that its protection will not extend to a student journalist when the content of the media: (1) Is libelous or slanderous; (2) Constitutes an unwarranted invasion of privacy; (3) Violates federal or state law; (4) Incites students in a manner that creates a clear and present danger of the commission of an unlawful act or the material and substantial disruption of the orderly operation of the institution; or (5) Is not protected by the First Amendment to the United States Constitution or the Constitution of Tennessee.

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Sponsor

Unknown

Details
Session

112th General Assembly

Introduced

February 11, 2021

Subjects
153048235005477545190470

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