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Illinois legislature amends college anti-censorship legislation
Legislation must be voted on by end of today to meet deadline
May 31, 2007
The bill, SB0729,
known as the College Campus Press Act, designates all public college and
community college publications in the state as forums for student expression,
nullifying the Hosty decision in Illinois.
The 2005 Hosty v.
Carter decision said that public college administrators could impose prior
review and restraint on student newspapers if the publication is not a
designated public forum for student expression. The ruling applies to Illinois, Indiana and Wisconsin, which comprise the Seventh Circuit.
Sponsors of the bill
added an amendment this week to meet opponents' objections that the original
legislation did not provide administrators with their own protections.
The amendment has two major provisions. One protects administrators
from being held liable for any student-produced material.
"A
state-sponsored institution of higher learning shall be immune from any lawsuit
arising from expression actually made in campus media, with the exception of the
institution's own expression," the amendment reads.
The other provision
allows administrators to punish students who use unprotected speech, including
"obscenity" and "incitement."
Illinois Sen. Susan Garrett (D-Lake Forest)
introduced the bill in early February with assistance from the American Civil
Liberties Union of Illinois. Senators passed the bill unanimously in
March.
Because today is the last day of the summer legislative session,
representatives must vote on the bill by the end of the day. If they do not,
the vote will be postponed until the fall veto session, scheduled to start in
November.
By Jenny Redden, SPLC staff writer
© 2007 Student Press Law Center
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