{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/23.1-401.2.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/23.1-401.2.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/23.1-401.2.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/23.1-401.2.html"}],"law_id":71352,"edition_id":1,"section_id":71352,"structure_id":13517,"section_number":"23.1-401.2","catch_line":"Student journalists; freedom of speech and the press","history":"2020, c. 947.","full_text":"A\n\nAs used in this section:\n\t\t\t“Institution-sponsored student media” means any material that is prepared, substantially written, published, or broadcast by a student journalist at a public institution of higher education under the direction of a student media adviser and distributed or generally made available to members of the student body. “Institution-sponsored student media” does not include any media intended for distribution or transmission solely in the course in which the media is produced.\n\t\t\t“Student journalist” means a student enrolled at a public institution of higher education who gathers, compiles, writes, edits, photographs, records, or prepares information for inclusion in institution-sponsored student media.\n\t\t\t“Student media adviser” means an employee of a public institution of higher education who is appointed, designated, or employed to supervise or provide instruction relating to institution-sponsored student media.B\n\nExcept as provided in subsection C, a student journalist has the right to exercise freedom of speech and the press in institution-sponsored student media, including determining the news and opinion content of institution-sponsored student media, regardless of whether the media is supported financially by the governing board of the institution, supported through the use of campus facilities, or produced in conjunction with a course in which the student is enrolled.C\n\nNo student journalist has the right to exercise freedom of speech or the press in institution-sponsored student media when such media:1\n\nIs libelous or slanderous;2\n\nConstitutes an unwarranted invasion of privacy;3\n\nViolates federal or state law; or4\n\nSo incites students as to create a clear and present danger of the commission of an unlawful act, the violation of institution policy, or the material and substantial disruption of the orderly operation of the institution.D\n\nNo student media adviser shall be dismissed, suspended, disciplined, reassigned, or transferred for (i) taking reasonable and appropriate action to protect a student journalist who engages in conduct that is protected by subsection B or (ii) refusing to infringe on conduct by a student journalist that is protected by subsection B, the First Amendment to the United States Constitution, or the Constitution of Virginia.","order_by":null,"text":{"0":{"id":257236,"text":"As used in this section:\n\t\t\t“Institution-sponsored student media” means any material that is prepared, substantially written, published, or broadcast by a student journalist at a public institution of higher education under the direction of a student media adviser and distributed or generally made available to members of the student body. “Institution-sponsored student media” does not include any media intended for distribution or transmission solely in the course in which the media is produced.\n\t\t\t“Student journalist” means a student enrolled at a public institution of higher education who gathers, compiles, writes, edits, photographs, records, or prepares information for inclusion in institution-sponsored student media.\n\t\t\t“Student media adviser” means an employee of a public institution of higher education who is appointed, designated, or employed to supervise or provide instruction relating to institution-sponsored student media.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":257237,"text":"Except as provided in subsection C, a student journalist has the right to exercise freedom of speech and the press in institution-sponsored student media, including determining the news and opinion content of institution-sponsored student media, regardless of whether the media is supported financially by the governing board of the institution, supported through the use of campus facilities, or produced in conjunction with a course in which the student is enrolled.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":257238,"text":"No student journalist has the right to exercise freedom of speech or the press in institution-sponsored student media when such media:","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"C1"},"3":{"id":257239,"text":"Is libelous or slanderous;","type":"section","prefixes":["C","1"],"prefix":"1","entire_prefix":"C1","prefix_anchor":"C1","level":2,"prior_prefix":"C","next_prefix":"C2"},"4":{"id":257240,"text":"Constitutes an unwarranted invasion of privacy;","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C1","next_prefix":"C3"},"5":{"id":257241,"text":"Violates federal or state law; or","type":"section","prefixes":["C","3"],"prefix":"3","entire_prefix":"C3","prefix_anchor":"C3","level":2,"prior_prefix":"C2","next_prefix":"C4"},"6":{"id":257242,"text":"So incites students as to create a clear and present danger of the commission of an unlawful act, the violation of institution policy, or the material and substantial disruption of the orderly operation of the institution.","type":"section","prefixes":["C","4"],"prefix":"4","entire_prefix":"C4","prefix_anchor":"C4","level":2,"prior_prefix":"C3","next_prefix":"D"},"7":{"id":257243,"text":"No student media adviser shall be dismissed, suspended, disciplined, reassigned, or transferred for (i) taking reasonable and appropriate action to protect a student journalist who engages in conduct that is protected by subsection B or (ii) refusing to infringe on conduct by a student journalist that is protected by subsection B, the First Amendment to the United States Constitution, or the Constitution of Virginia.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C4"}},"ancestry":[{"id":13517,"edition_id":1,"name":"General Provisions","identifier":"4","label":"chapter","depth":3,"order_by":1,"parent_id":13112,"metadata":{},"date_created":"2026-06-26 03:45:07","date_modified":"2026-06-26 03:45:07","permalink":{"id":184849,"object_type":"structure","relational_id":13517,"identifier":"4","token":"23.1\/II\/4","url":"\/23.1\/II\/4\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13112,"edition_id":1,"name":"Students and Campus","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":13111,"metadata":{},"date_created":"2026-06-26 03:44:18","date_modified":"2026-06-26 03:44:18","permalink":{"id":184847,"object_type":"structure","relational_id":13112,"identifier":"II","token":"23.1\/II","url":"\/23.1\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13111,"edition_id":1,"name":"Institutions of Higher Education; Other Educational and Cultural Institutions","identifier":"23.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:18","date_modified":"2026-06-26 03:44:18","permalink":{"id":184581,"object_type":"structure","relational_id":13111,"identifier":"23.1","token":"23.1","url":"\/23.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":75802,"structure_id":13517,"section_number":"23.1-400","catch_line":"Student organizations; rights and recognition","url":"\/23.1-400\/","token":"23.1\/II\/4\/23.1-400","metadata":false},{"id":84653,"structure_id":13517,"section_number":"23.1-401","catch_line":"Restrictions on student speech; limitations","url":"\/23.1-401\/","token":"23.1\/II\/4\/23.1-401","metadata":false},{"id":69336,"structure_id":13517,"section_number":"23.1-401.1","catch_line":"Constitutionally protected speech; policies, materials, and reports; report","url":"\/23.1-401.1\/","token":"23.1\/II\/4\/23.1-401.1","metadata":false},{"id":71352,"structure_id":13517,"section_number":"23.1-401.2","catch_line":"Student journalists; freedom of speech and the press","url":"\/23.1-401.2\/","token":"23.1\/II\/4\/23.1-401.2","metadata":false},{"id":66169,"structure_id":13517,"section_number":"23.1-401.3","catch_line":"Individuals with disabilities; documentation or evidence; accommodations","url":"\/23.1-401.3\/","token":"23.1\/II\/4\/23.1-401.3","metadata":false},{"id":69219,"structure_id":13517,"section_number":"23.1-402","catch_line":"Collection and dissemination of information concerning religious preferences and affiliations","url":"\/23.1-402\/","token":"23.1\/II\/4\/23.1-402","metadata":false},{"id":57736,"structure_id":13517,"section_number":"23.1-403","catch_line":"Access to campus and student directory provided to certain persons and groups","url":"\/23.1-403\/","token":"23.1\/II\/4\/23.1-403","metadata":false},{"id":60490,"structure_id":13517,"section_number":"23.1-404","catch_line":"Retention of student birth certificates authorized","url":"\/23.1-404\/","token":"23.1\/II\/4\/23.1-404","metadata":false},{"id":56359,"structure_id":13517,"section_number":"23.1-405","catch_line":"Student records and personal information; 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student-athletes; compensation and representation for name, image, or likeness","url":"\/23.1-408.1\/","token":"23.1\/II\/4\/23.1-408.1","metadata":false},{"id":55898,"structure_id":13517,"section_number":"23.1-409","catch_line":"Transparency in higher education information","url":"\/23.1-409\/","token":"23.1\/II\/4\/23.1-409","metadata":false},{"id":76701,"structure_id":13517,"section_number":"23.1-409.1","catch_line":"Supplemental Nutrition Assistance Program; notice to students","url":"\/23.1-409.1\/","token":"23.1\/II\/4\/23.1-409.1","metadata":false},{"id":58850,"structure_id":13517,"section_number":"23.1-409.2","catch_line":"Hunger-Free Campus Food Pantry Grant Program","url":"\/23.1-409.2\/","token":"23.1\/II\/4\/23.1-409.2","metadata":false},{"id":66663,"structure_id":13517,"section_number":"23.1-410","catch_line":"Student loan vendors","url":"\/23.1-410\/","token":"23.1\/II\/4\/23.1-410","metadata":false},{"id":66199,"structure_id":13517,"section_number":"23.1-411","catch_line":"Federal student loan information","url":"\/23.1-411\/","token":"23.1\/II\/4\/23.1-411","metadata":false},{"id":58086,"structure_id":13517,"section_number":"23.1-412","catch_line":"Non-academic student codes of conduct","url":"\/23.1-412\/","token":"23.1\/II\/4\/23.1-412","metadata":false}],"previous_section":{"id":69336,"structure_id":13517,"section_number":"23.1-401.1","catch_line":"Constitutionally protected speech; 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This law was first created in 2020. The record of its establishment is cataloged in chapter 947<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year.<\/p>","references":false,"refers_to":false,"permalink":{"id":184863,"object_type":"law","relational_id":71352,"identifier":"23.1-401.2","token":"23.1\/II\/4\/23.1-401.2","url":"\/23.1-401.2\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/23.1-401.2\/","token":"23.1\/II\/4\/23.1-401.2","dublin_core":{"Title":"Student journalists; freedom of speech and the press","Type":"Text","Format":"text\/html","Identifier":"\u00a7 23.1-401.2","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> As used in this section:\n\t\t\t“Institution-sponsored student media<\/span>” means any material<\/span> that is prepared, substantially written, published, or broadcast by a student journalist<\/span> at a public institution of higher education<\/span> under the direction of a student media adviser<\/span> and distributed or generally made available to members of the student body. “Institution-sponsored student media<\/span>” does not include any media intended for distribution or transmission solely in the course in which the media is produced.\n\t\t\t“Student journalist<\/span>” means a student enrolled at a public institution of higher education<\/span> who gathers, compiles, writes, edits, photographs, records, or prepares information for inclusion in institution-sponsored student media<\/span>.\n\t\t\t“Student media adviser<\/span>” means an employee of a public institution of higher education<\/span> who is appointed, designated, or employed to supervise or provide instruction relating to institution-sponsored student media<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Except as provided in subsection C, a student journalist<\/span> has the right to exercise freedom of speech and the press in institution-sponsored student media<\/span>, including determining the news and opinion<\/span> content of institution-sponsored student media<\/span>, regardless of whether the media is supported financially by the governing board<\/span> of the institution, supported through the use of campus facilities, or produced in conjunction with a course in which the student is enrolled. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> No student journalist<\/span> has the right to exercise freedom of speech or the press in institution-sponsored student media<\/span> when such media: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Is libelous or slanderous; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Constitutes an unwarranted invasion of privacy; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Violates federal or state law<\/span>; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> So incites students as to create a clear and present danger of the commission of an unlawful act, the violation of institution policy, or the material<\/span> and substantial disruption of the orderly operation of the institution. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> No student media adviser<\/span> shall be dismissed, suspended, disciplined, reassigned, or transferred for (i) taking reasonable and appropriate action to protect a student journalist<\/span> who engages in conduct that is protected by subsection B or (ii) refusing to infringe on conduct by a student journalist<\/span> that is protected by subsection B, the First Amendment to the United States Constitution, or the Constitution of Virginia. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nSTUDENT JOURNALISTS; FREEDOM OF SPEECH AND THE PRESS (\u00a7 23.1-401.2)\n\nA. As used in this section:\n\t\t\t“Institution-sponsored student media” means any material that is\nprepared, substantially written, published, or broadcast by a student journalist\nat a public institution of higher education under the direction of a student\nmedia adviser and distributed or generally made available to members of the\nstudent body. “Institution-sponsored student media” does not include\nany media intended for distribution or transmission solely in the course in\nwhich the media is produced.\n\t\t\t“Student journalist” means a student enrolled at a public\ninstitution of higher education who gathers, compiles, writes, edits,\nphotographs, records, or prepares information for inclusion in\ninstitution-sponsored student media.\n\t\t\t“Student media adviser” means an employee of a public institution\nof higher education who is appointed, designated, or employed to supervise or\nprovide instruction relating to institution-sponsored student media.\n\nB. Except as provided in subsection C, a student journalist has the right to\nexercise freedom of speech and the press in institution-sponsored student media,\nincluding determining the news and opinion content of institution-sponsored\nstudent media, regardless of whether the media is supported financially by the\ngoverning board of the institution, supported through the use of campus\nfacilities, or produced in conjunction with a course in which the student is\nenrolled.\n\nC. No student journalist has the right to exercise freedom of speech or the\npress in institution-sponsored student media when such media:\n\n 1. Is libelous or slanderous;\n\n 2. Constitutes an unwarranted invasion of privacy;\n\n 3. Violates federal or state law; or\n\n 4. So incites students as to create a clear and present danger of the\n commission of an unlawful act, the violation of institution policy, or the\n material and substantial disruption of the orderly operation of the\n institution.\n\nD. No student media adviser shall be dismissed, suspended, disciplined,\nreassigned, or transferred for (i) taking reasonable and appropriate action to\nprotect a student journalist who engages in conduct that is protected by\nsubsection B or (ii) refusing to infringe on conduct by a student journalist\nthat is protected by subsection B, the First Amendment to the United States\nConstitution, or the Constitution of Virginia.\n\nHISTORY: 2020, c. 947.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}