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Media Law

Update2008

Genelle Belmas, Ph.D.Cal State Fullerton

JACC State 2008

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College Student Free Press Law(AB 2581) Amends California Education Code 66301:

Neither the Regents of the University of California, theTrustees of the California State University, the governingboard of any community college district, nor anyadministrator of any campus of those institutions

, shall makeor enforce any rule subjecting any student to disciplinary

sanction solely on the basis of conduct that is speech orother communication that, when engaged in outside a campusof those institutions, is protected from governmentalrestriction by the First Amendment to the United StatesConstitution or Section 2 of Article 1 of theCalifornia Constitution.

Provides for civil actions for injunctive anddeclaratory relief

Nothing in this section shall beconstrued to authorize any prior restraintof student speech or the student press.

Went into effect Jan. 1, 2007

Sen. Leland Yee

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California Newspaper Theft Law(AB 2612) Makes it illegal to take multiple copies of a

free newspaper off the racks in California(California Penal Code Section 490.7) No person shall take more than twenty-five (25)

copies of the current issue of a free orcomplimentary newspaper if done with the intentto do one or more of the following:

(1) Recycle the newspapers for cash or other payment

(2) Sell or barter the newspaper

(3) Deprive others of the opportunity to

read or enjoy the newspaper (4) Harm a business competitor

Fine, jail time for multiple violations

Third state to pass explicit law(Colorado, Maryland) Went into effect Jan. 1, 2007

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NEW:Journalism TeacherProtection Act (SB 1370) Announced Feb. 29, 2008 by

Sen. Yee Applies to both high school and college

advisers Amendment to Sections 48950, 66301,

and 48907 of the Education Code: An employee shall not be dismissed, suspended,

disciplined, reassigned, transferred, or otherwiseretaliated against for acting to protect a pupil engagedin the conduct authorized under this section, orconduct that is protected by the First Amendment tothe United States Constitution or Section 2 of Article Iof the California Constitution.

Hearing date: April 8, 2008

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Why protect advisers?

Reaction to an increased number of instances inCalifornia where administrators pressure, and insome cases retaliate against, advisers overstudent speech We have had at least a dozen cases that we know

about throughout the state where teachers havebeen retaliated against for some reason, so we

see a huge need for this bill, Yees office said Jim Ewert, legal counsel for the California

Newspaper Publishers Association, said hisorganization asked Yee to sponsor the billbecause of the continued pressure on advisersby administrators to engage in the kind of

censorship that state law prohibitsadministrators from exercising Of the seven states with laws protecting student

speech, only Colorado and Kansas haveprovisions for journalism advisers If passed, SB 1370 would be the first law solely

protecting journalism advisers

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SB 1370 prompted by

Lane v. Simon(10CA 2007): FormerKSU Collegianeditors Katie Lane andSarah Rice alleged that the

reassignment of faculty adviser RonJohnson violated their 1A rights

But 10CA dismissed the case as moot

because the students had graduated Had not tried to substitute new editors as

plaintiffs

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Morse v. Frederick(2007) Ninth Cir. (Alaska) case

High school student brought actionagainst principal and school board,alleging that his 1A rights had been violated by a 10-

day suspension for waving Bong Hits 4 Jesusbanner at off-campus, school-approved activity

Ninth Circuit Court of Appeals found for student andsaid that the principal could be held personally liable

Two questions asked of Supreme Court: Whether the 1A allows public schools to prohibit students

from displaying certain messages at partially school-sponsored events

Whether the principal should be personally liable under civilrights legislation for disciplining the student

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Court found for the principal

The special characteristics of the schoolenvironment, and the governmental interestin stopping student drug abuse . . . allowschools to restrict student expression thattheyreasonably regardas promoting illegal

drug abuse. No need to decide on liability

issue since resolved onconstitutional issue

Butdoes notgreatly expandadministrative rights Thomas concurrence: Would overrule Tinker,

believes that students should have NO freespeech rights!

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Smith v. NovatoSch. Dist. (2007) Broad interpretation of student

speech rights in California

HS student had written

inflammatory editorial onimmigration that upset somein the community School district said it should

never have been published andwould forbid similar editorials tobe published; ordered allremaining papers to be collected

CA appeals court said that was a

violation of students 1A rights

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Other areas of note

New FOIA amendmentto counteract Ashcroftmemo requires online tracking for requests, govtarbitration for disputes, more inclusive of media

Foxs indecency complaint against FCC upheld by2CA; FCC appealed to Sup. Ct. who agreed to hear thecase

FCC relaxes cross-ownership rules, allowing onecompany to acquire both a newspaper and a TVstation in the nations 20 largest markets, providedthe station is not one of the top four in the market inrevenue and also that there are still eight different

media voices (TV stations or newspapers) post-merger

FCC also established a new cap of 30 percent on thepercentage of all U.S. cable TV households that maybe served by any one company (Comcast to

challenge)

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Questions?

Comments?

If youd like a copy of

this presentation,please email me:

gbelmas@fullerton.edu