Minnesota governor signs student press freedom into law

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The Student Press Law Center, the nation’s leading advocate for student press freedom, hailed the adoption of new protections for Minnesota student journalists. Gov. Tim Walz signed SF 3567 into law on Friday, officially making Minnesota the 18th state to adopt what are known nationally as “New Voices” protections. 

The law’s student journalism provisions ensure that Minnesota’s public sixth through 12 grade student journalists determine the content published in school-sponsored student media and protects them from censorship except in certain rare circumstances. The law also shields student media advisers from professional retaliation for refusing to unlawfully censor their students’ work. Notably, however, the law is the only one in the country that excludes yearbooks from these protections.

“Student journalists play an increasingly crucial role in covering local news and education, and they must be able to pursue truths and tell stories that matter without the fear of censorship,” said Gary Green, executive director of the Student Press Law Center. “This new legislation goes a long way toward empowering students to do just that. We hope the exclusion of yearbooks — an important documentation of student life — will be remedied very soon.”

Standalone New Voices bills were originally introduced in the House and the Senate, sponsored by Rep. Youakim and Sen. Cwodzinksi, before being merged with other legislation into a larger education policy omnibus bill. The student journalism protections are effective starting with the 2024-2025 school year.

The law reverses the impact of the U.S. Supreme Court’s 1988 Hazelwood School District v. Kuhlmeier decision, which set a vague standard for lawful censorship of student media. The result of a vague standard is the regular silencing of student voices for reasons rooted in administrators’ subjective feelings and school officials’ desire to prevent “bad” publicity, rather than any concern regarding the quality of the students’ work.

“We thank the Minnesota legislature and Gov. Walz for recognizing that student voices matter,” SPLC Staff Attorney Jonathan Gaston-Falk said. “But even more, we applaud every advocate who has worked since at least 2015 to make this a reality. It’s because of those student voices, and those who supported them, that Minnesota’s future media leaders and citizens will train to be civic-minded critical thinkers free from censorship.”

Kathryn Campbell, president of the Minnesota High School Press Association, said self-censorship has been a challenge even for those Minnesota students who have not experienced direct censorship.

“Students cannot produce reporting rooted in legal and ethical decision-making — and advisers cannot give them reliable advice — if their journalistic choices can be undermined or overruled without cause,” Campbell said. “The new law offers necessary clarity for administrators, student journalists and their advisers. I cannot wait to see what that level of empowerment does to the quality reporting happening in schools across Minnesota.”

In addition to SPLC’s written testimony, a number of advocates testified in support of the New Voices protections at a committee hearing earlier this year, including Stillwater High School students Stella McHugh and Belle Lapos, The Blake School student Yoni Zacks, Hopkins Senior High School adviser Jeff Kocur and Owatonna High School adviser Jessica Wagner.

“This law helps make student journalism so much more powerful. It can actually create change in communities and create conversations that matter,” Lapos said. “I think it will inspire a lot more people to become student journalists.”

McHugh said the law will clarify “these super vague standards that student journalists had that allowed administrations to unjustly censor their words. It will allow for these tougher conversations to happen.”

Zacks, a private school student journalist, advocated for the bill despite not being covered by the protections. 

“Solidifying [student press freedom] through public school students, even though it’s not me, is really important because hopefully that will start a chain reaction in private schools,” Zacks said.

SPLC supports many state-based, student-led coalitions who seek to protect student press freedom with New Voices laws and then to implement those laws once passed. With SF 3567 in place, SPLC and New Voices advocates will now work to ensure that every Minnesota school understands the new law and the rights of student journalists.

A newly published guide explains Minnesota student journalists’ rights and what that means for students, teachers and school administrators. SPLC also has guides explaining the New Voices laws in 17 other states, including Minnesota’s neighbors North Dakota and Iowa.

The law also requires Minnesota school districts to adopt student media policies that reflect these new protections. These policies are an important tool to ensure local administrators know about the law, and SPLC will monitor districts’ compliance.

SPLC urges student journalists who have questions about their rights, or who are facing censorship, to contact our free, confidential Legal Hotline.

The Student Press Law Center (splc.org) is a nonpartisan nonprofit that promotes, supports and defends the First Amendment and free press rights of student journalists. Operating since 1974, SPLC provides information, training and legal assistance at no charge to high school and college student journalists and the educators who work with them. SPLC also supports the grassroots, student-led New Voices movement, which seeks to protect student press freedom through state laws.