(1)The
general assembly declares that students of the public schools have the right to
exercise freedom of speech and of the press, and no expression contained in a
student publication, whether printed, broadcast, or online, and whether or not such
publication is school-sponsored, is subject to prior restraint except for the types of
expression described in subsection (3) of this section. An advisor may encourage
expression consistent with high standards of English and journalism.
(2)If a publication written substantially by students is made generally
available throughout a public school, it shall be a public forum for students of such
school.
(3)Nothing in this section shall be interpreted to authorize the publication or
distribution in any media by students of the following
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(1) The
general assembly declares that students of the public schools have the right to
exercise freedom of speech and of the press, and no expression contained in a
student publication, whether printed, broadcast, or online, and whether or not such
publication is school-sponsored, is subject to prior restraint except for the types of
expression described in subsection (3) of this section. An advisor may encourage
expression consistent with high standards of English and journalism.
(2) If a publication written substantially by students is made generally
available throughout a public school, it shall be a public forum for students of such
school.
(3) Nothing in this section shall be interpreted to authorize the publication or
distribution in any media by students of the following:
(a) Expression that is obscene;
(b) Expression that is libelous, slanderous, or defamatory under state law;
(c) Expression that is false as to any person who is not a public figure or
involved in a matter of public concern; or
(d) Expression that creates a clear and present danger of the commission of
unlawful acts, the violation of lawful school regulations, or the material and
substantial disruption of the orderly operation of the school or that violates the
rights of others to privacy or that threatens violence to property or persons.
(4) The board of education of each school district shall adopt a written
publications code, which shall be consistent with the terms of this section, and shall
include reasonable provisions for the time, place, and manner of conducting free
expression within the school district's jurisdiction. The publications code shall be
distributed, posted, or otherwise made available to all students and teachers at the
beginning of each school year.
(5) (a) Student editors of school-sponsored student publications shall be
responsible for determining the news, opinion, and advertising content of their
publications subject to the limitations of this section. It shall be the responsibility of
the publications advisor of school-sponsored student publications within each
school to supervise the production of such publications and to teach and encourage
free and responsible expression and professional standards for English and
journalism.
(b) For the purposes of this section, publications advisor means a person
whose duties include the supervision of school-sponsored student publications.
(6) If participation in a school-sponsored publication is part of a school class
or activity for which grades or school credits are given, the provisions of this section
shall not be interpreted to interfere with the authority of the publications advisor
for such school-sponsored publication to establish or limit writing assignments for
the students working with the publication and to otherwise direct and control the
learning experience that the publication is intended to provide.
(7) No expression made by students in the exercise of freedom of speech or
freedom of the press shall be deemed to be an expression of school policy, and no
school district or employee, or parent, or legal guardian, or official of such school
district shall be held liable in any civil or criminal action for any expression made or
published by students.
(8) Nothing in this section limits the promulgation or enforcement of lawful
school regulations designed to control gangs. For the purposes of this section,
gang has the same meaning as set forth in section 19-2.5-102.
(9) A public school employee must not be dismissed, suspended, disciplined,
reassigned, transferred, or otherwise retaliated against solely for acting to protect
a student engaged in the conduct authorized pursuant to this section or for refusing
to infringe upon conduct that is protected by this section or the first amendment to
the United States constitution.