                                 CODE OF VIRGINIA

STUDENT JOURNALISTS; FREEDOM OF SPEECH AND THE PRESS (§ 23.1-401.2)

A. As used in this section:
			&#8220;Institution-sponsored student media&#8221; 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. &#8220;Institution-sponsored student media&#8221; does not include
any media intended for distribution or transmission solely in the course in
which the media is produced.
			&#8220;Student journalist&#8221; 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.
			&#8220;Student media adviser&#8221; 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. 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.

C. No student journalist has the right to exercise freedom of speech or the
press in institution-sponsored student media when such media:

   1. Is libelous or slanderous;

   2. Constitutes an unwarranted invasion of privacy;

   3. Violates federal or state law; or

   4. 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.

D. 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.

HISTORY: 2020, c. 947.