§ 15-10-55 — Student journalists - Freedom of expression - Civil remedy

North Dakota § 15-10-55

• Jurisdiction: North Dakota
• Title 15: Education
• Ch. 15-10: The State Board of Higher Education

Text

1. As used in this section:
a. "Protected activity" means an expression of free speech or freedom of the press.
b. "School-sponsored media" means any material that is prepared, substantially
written, published, or broadcast by a student journalist at a public institution of
higher education, distributed or generally made available to members of the
student body, and prepared under the direction of a student media adviser. The
term does not include any media intended for distribution or transmission solely in
the classroom in which the media is produced.
c. "Student journalist" means a student of a public institution of higher education
who gathers, compiles, writes, edits, photographs, records, or prepares
information for dissemination in school-sponsored media.
d. "Student media adviser" means an individual employed, appointed, or designated
by a public institution of higher education to supervise or provide instruction
relating to school-sponsored media.

2. Except as provided in subsection 3, a student journalist has the right to exercise
freedom of speech and of the press in school-sponsored media, regardless of whether
the media is supported financially by the institution or by use of facilities of the
institution or produced in conjunction with a class in which the student is enrolled.
Subject to subsection 3, a student journalist is responsible for determining the news,
opinion, feature, and advertising content of school-sponsored media. This subsection
may not be construed to prevent a student media adviser from teaching professional
standards of English and journalism to student journalists. A student media adviser
may not be dismissed, suspended, or disciplined for acting to protect a student
journalist engaged in a protected activity or for refusing to infringe on a protected
activity.
3. This section does not authorize or protect expression by a student that:
a. Is libelous, slanderous, or obscene;
b. Constitutes an unwarranted invasion of privacy;
c. Violates federal or state law; or
d. So incites students as to create a clear and present danger of the commission of
an unlawful act, the violation of institution or state board of higher education
policies, or the material and substantial disruption of the orderly operation of the
institution.
4. An expression of free speech or freedom of the press made by a student journalist
under this section may not be construed as an expression of school policy. A school,
school official, employee, or parent or legal guardian of a student journalist may not be
liable in any civil or criminal action for an expression of free speech or freedom of the
press made by a student journalist, except in the case of willful or wanton misconduct.