This legislation is in
fact not redundant to the current state and national constitution. This is a
similar bill to one that has appeared the last several years that would grand
students the same free speech in a student forum publication as working newspapers.
The Supreme Court (on a
national level) has established 2 distinct standards for judging whether
student free speech can be censored. The first, from Tinker v. Des Moines, says
that students have the right to free speech as long as the speech does not
represent a material disruption to the school. This was in the late 1960's, but
in the 80's things changed with the Hazelwood decision allowing school
sponsored media to be censored for a list of things including being
"ungrammatical". This does not allow blanket prior restraint, but
opens the door for school officials to censor further. The unfortunate recent
trend in the Supreme Court is to limit the rights of student journalists and
infringes on the rights of students to free expression.
This bill but protecting
even school sponsored media will bring the legal standard from Hazelwood back
to Tinker and allow students to exercise their right to free speech. Other
states, most notably Oregon, have passed similar legislation to protect student
journalists.
This is not redundant to the
current state constitution and provides student journalists with the most
important tool: right to free speech. I applaud the state legislator with
taking on First Amendment protection even for those high school journalists who
cannot yet vote.