HB 227

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1Student Journalist Amendments
  2026 GENERAL SESSION
  STATE OF UTAH
  Chief Sponsor: Carol S. Moss
  Senate Sponsor:
2
3   LONG TITLE
4   General Description:
5This bill establishes standards for student expression in school-sponsored media and limits
6   school liability for student-produced content.
7   Highlighted Provisions:
8This bill:
9▸ establishes standards for student expression in school-sponsored media;
10▸ specifies limitations on student expression and requirements for prior restraint;
11▸ provides employment protections for student media advisers;
12▸ requires school boards to adopt policies on school-sponsored media;
13▸ limits school liability for student-produced content; and
14▸ makes technical changes.
15   Money Appropriated in this Bill:
16None
17   Other Special Clauses:
18None
19   Utah Code Sections Affected:
20   AMENDS:
2153G-10-203, as last amended by Laws of Utah 2023, Chapter 412
22   ENACTS:
2353G-10-208, Utah Code Annotated 1953
  H.B. 227
24
25   Be it enacted by the Legislature of the state of Utah:
26Section 1. Section 53G-10-203 is amended to read:
2753G-10-203 . Expressions of belief -- Discretionary time -- School-sponsored
28   media.
29   (1) As used in this section:
30(a) "Discretionary time" means noninstructional time during which a student is free to
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31pursue personal interests.
32      (b)(i) "School-sponsored media" means any material that is prepared, substantially
33written, published, or broadcast, in any media, by a student journalist at a school
34under the direction of a student media adviser and distributed or generally made
35available to members of the student body.
36(ii) "School-sponsored media" does not include media intended for distribution or
37transmission for classroom purposes only.
38      (c) "Student journalist" means a student at a school within an LEA who gathers,
39compiles, writes, edits, photographs, records, or prepares information for inclusion in
40school-sponsored media.
41      (d) "Student media adviser" means an individual employed, appointed, or designated by
42an LEA or school administrator to supervise or provide instruction relating to
43school-sponsored media.
44  [(1)] (2) Expression of personal beliefs by a student participating in school-directed
45      curricula or activities may not be prohibited or penalized unless the expression
46      unreasonably interferes with order or discipline, threatens the well-being of persons or
47      property, or violates concepts of civility or propriety appropriate to a school setting.
48  [(2)] (3)[(a) As used in this section, "discretionary time" means noninstructional time
49      during which a student is free to pursue personal interests.]
50      [(b)] Free exercise of voluntary religious practice or freedom of speech by students
51during discretionary time shall not be denied unless the conduct unreasonably
52interferes with the ability of school officials to maintain order and discipline,
53unreasonably endangers persons or property, or violates concepts of civility or
54propriety appropriate to a school setting.
55  [(3)] (4) Any limitation under this section on student expression, practice, or conduct shall
56      be by the least restrictive means necessary to satisfy the school's interests, or to satisfy
57      another specifically identified compelling governmental interest.
58  (5) Except as provided in Subsection (6), a student journalist has the right to exercise
59      freedom of speech and of the press in school-sponsored media, whether or not the media
60      is supported financially by the school, uses the facilities of the school, or is produced in
61      conjunction with a course or class in which the student is enrolled.
62  (6)(a) Subject to Subsection (7), a student journalist is responsible for determining the
63      news, opinion, feature, and advertising content of school-sponsored media.
64      (b) A student media adviser may teach professional standards of English and journalism
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65to student journalists, consistent with this section.
66   (7) This section does not authorize or protect expression by a student that:
67(a) is libelous or slanderous;
68(b) constitutes an unwarranted invasion of privacy;
69(c) is obscene as that term is defined in Section 32B-1-504;
70(d) violates federal or state law; or
71(e) incites the creation of a clear and present danger of:
72(i) the commission of an unlawful act;
73(ii) the violation of a lawful school policy; or
74(iii) the material and substantial disruption of the orderly operation of the school.
75   (8) An LEA or school administrator shall base a forecast of material and substantial
76disruption under Subsection (7)(e)(iii) on specific facts, including past experience in the
77school and current events influencing student behavior, and not on undifferentiated fear
78or apprehension.
79   (9)(a) An LEA or school may not create or enact a prior restraint of material prepared
80for school-sponsored media except when the material violates Subsection (7).
81(b) An LEA or school official shall:
82(i) have the burden of showing justification for any limitation of student journalist
83expression under this section; and
84(ii) afford a student a timely opportunity for appeal of any decision to restrain
85publication.
86   (10) This section does not authorize the publication of advertising in school-sponsored
87media that promotes a product or service that is unlawful for purchase or use by minors.
88   (11) A student journalist may not be disciplined for acting in accordance with Subsection (5).
89   (12) A student media adviser may not be dismissed, suspended, disciplined, reassigned,
90transferred, subject to termination or nonrenewal of a teaching contract, or otherwise
91retaliated against for:
92(a) refusing to infringe upon conduct that is protected by this section or the First
93Amendment to the United States Constitution; or
94(b) acting to protect a student journalist engaged in conduct authorized under Subsection
95(5) or the First Amendment to the United States Constitution.
96Section 2. Section 53G-10-208 is enacted to read:
9753G-10-208 . School-sponsored media policies and liability.
98   (1) An LEA governing board shall adopt a written policy for the exercise of a student
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99      journalist's rights to freedom of speech and of the press in school-sponsored media that:
100      (a) is in accordance with Section 53G-10-203;
101      (b) contains reasonable provisions for the time, place, and manner of student expression
102in school-sponsored media; and
103      (c) provides a provision allowing for timely appeal within the LEA of decisions made
104under Section 53G-10-203.
105  (2) An LEA governing board shall make the policy described in Subsection (1) available to
106      students and parents.
107  (3) Expression made by students in the exercise of free speech or free press rights in
108      school-sponsored media shall not be deemed to be an expression of school policy.
109  (4) A school, LEA, school employee, or LEA official is not liable in any civil or criminal
110      action for any expression made or published by students in school-sponsored media,
111      unless:
112      (a) the school, LEA, school employee, or LEA official interfered with or altered the
113content of the student speech or expression; and
114      (b) liability is limited to the extent of the interference or alteration.
115  (5) A student, individually or through a parent, or a student media adviser may institute
116      proceedings for injunctive relief in any court of competent jurisdiction to enforce the
117      rights provided in Section 53G-10-203.
118  (6) A court may award reasonable attorney fees to a prevailing plaintiff under Subsection (5).
119Section 3. Effective Date.
120  This bill takes effect on May 6, 2026.
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