By Taylor McAvoy
WNPA Olympia News Bureau
OLYMPIA — A bill expanding free speech for high school and college newspapers has passed both chambers and is awaiting Gov. Jay Inslee’s signature.
SB 5064 — sponsored by Senator Joe Fain, R-Auburn — allows student newspapers to determine their own content without mandatory prior review.
The bill was passed by wide margins in the last hours before the legislative cutoff March 2.
Fain introduced the bill following in the footsteps of former legislator and now King County Councilman Dave Upthegrove, who introduced it in 2005.
Turns back clock
The bill would turn back the clock on a U.S. Supreme court decision in 1988, Hazelwood School District v. Kuhlmeier.
In that case, the court ruled that high school educators can have editorial control over a school-sponsored newspaper when they have a legitimate educational concern such as poorly written articles, bias or obscenity.
The standard the new bill sets is based on the less-strict Tinker standard from Tinker v. Des Moines in Iowa in 1969, almost 20 years before the Hazelwood ruling.
In Tinker, the U.S. Supreme Court ruled that for a school to suppress free speech, the speech must “materially and substantially interfere” with students’ education or the school’s operation.
“Practicing journalism in its full capacity better prepares students to pursue a career in journalism and equips them with the critical thinking, research and writing skills that lead to more engaged citizens,” Fain said in a prepared statement.
Can’t punish advisers
The bill also prohibits school administrators from disciplining student advisers for protecting students’ free speech rights.
The last part of the bill protects school officials from civil liability if an article were deemed libelous. Advisers are still allowed to help students make difficult decisions, but the final say lies with the student editor.
“It is important that they [student journalists] understand the power of the press, the power of free speech and not just what that gives them, but also the obligations it brings,” Rep. Laurie Jinkins, D-Tacoma, said during floor debate in the House.
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This story is part of a series of news reports from the Washington State Legislature provided through a reporting internship sponsored by the Washington Newspaper Publishers Association Foundation.
