A5447

An Act concerning campus media at public institutions of higher education and amending P.L.2021, c.309.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. Section 3 of P.L.2021, c.309 (C.18A:62-67) is amended to read as follows:

3. a. As used in this section:

“Public media produced at a public institution of higher education” means any material, other than school-sponsored media, that is prepared, substantially written, published, or broadcast that has been produced by an entity receiving State funding and holding a license or having another agreement with a public institution of higher education to use that institution’s resources for the purpose of creating or distributing the media for which the entity receives State funding.

"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. School-sponsored media does not include media intended for distribution or transmission solely in the classroom in which the media is produced.

"Student journalist" means a student at a public institution of higher education who gathers, compiles, writes, edits, photographs, records, or prepares information for dissemination in school-sponsored media.

"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.

b. (1) Except as otherwise provided in subsection c. of this section, 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 public institution of higher education or by use of institution facilities, or produced in conjunction with a course in which the student is enrolled. Subject to subsection c. of this section, a student journalist is responsible for determining the news, opinion, feature, and advertising content of school-sponsored media. This subsection shall not be construed to prevent a student media adviser from teaching professional standards of English and journalism to student journalists.

(2) An employee or agent of an entity creating or distributing public media produced at a public institution of higher education has the right to exercise freedom of speech and of the press in public media. An employee or agent is responsible for determining the news, opinion, feature, and advertising content of such public media.

Public media produced at a public institution of higher education shall not be subject to prior review by public officials of the institution.

c. This section does not authorize or protect expression by a student that:

(1) is libelous or slanderous;

(2) constitutes an unwarranted invasion of privacy;

(3) is profane or obscene;

(4) violates federal or State law; or

(5) so incites students as to create a clear and present danger of the commission of an unlawful act, the violation of policies of the public institution of higher education, or the material and substantial disruption of the orderly operation of the institution.

d. An employee of a public institution of higher education shall not be dismissed, suspended, disciplined, reassigned, transferred, or otherwise retaliated against solely for acting to protect a student engaged in the conduct authorized under this section, or refusing to infringe upon conduct that is protected by this section, the First Amendment to the United States Constitution, or paragraph 6 of Article I of the New Jersey Constitution.

e. Expression made by an employee or agent of an entity creating or distributing public media produced at a public institution of higher education, student journalist, or student media advisor shall not be construed to be an expression of campus policy or speech attributable to the public institution of higher education.

f. An employee or agent of an entity creating or distributing public media produced at a public institution of higher education, student journalist, or student media advisor may commence a civil action to obtain appropriate injunctive and declaratory relief as determined by a court of competent jurisdiction for violation of this section by a public institution of higher education. Upon motion, a court may award attorney’s fees to a prevailing party in a civil action brought under this section.

(cf: P.L.2021, c.309, s.3)

2. This act shall take effect immediately.

STATEMENT

This bill concerns the speech rights of student journalists and employees or agents of an entity creating public media at a public institution of higher education.

Current law guarantees certain freedom of expression rights for student journalists at public institutions of higher education and certain employees acting to protect students’ rights to freedom of expression. The bill establishes a similar right to exercise freedom of speech and of the press in public media for an employee or agent of an entity creating or distributing public media produced at a public institution of higher education

The bill provides that public media produced at a public institution of higher education cannot be subject to prior review by public officials of the institution.

The bill provides that expression made by an employee or agent of an entity creating or distributing public media produced at a public institution of higher education, student journalist, or student media advisor is not to be construed to be an expression of campus policy or speech attributable to the public institution of higher education.

The bill provides that an employee or agent of an entity creating or distributing public media produced at a public institution of higher education, student journalist, or student media advisor may commence a civil action to obtain appropriate injunctive and declaratory relief as a determined by a court for violation of this section of law by a public institution of higher education. Upon motion, a court may award attorney’s fees to a prevailing party in a civil action brought under this section.