§ 15.1-19-25 — Student journalists - Freedom of expression - Civil remedy

North Dakota § 15.1-19-25

• Jurisdiction: North Dakota
• Title 15.1: Elementary and Secondary Education
• Ch. 15.1-19: Students and Safety

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 school,
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 public school student 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 school district 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 school district, by use of facilities of the
school district, 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 school district policy, or the material and
substantial disruption of the orderly operation of the school.
4. A school district may not authorize any prior restraint of any school-sponsored media
except when the media:
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 school district policies, or the material and
substantial disruption of the orderly operation of the school.
5. A school district may not sanction a student operating as an independent journalist.
6. Each school district shall adopt a written student freedom of expression policy in
accordance with this section. The policy must include reasonable provisions for the
time, place, and manner of student expression. The policy may also include limitations
to language that may be defined as profane, harassing, threatening, or intimidating. 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.