72-1506. Liberty of press protected; regulation authorized; review of material not restraint on publication; material not protected; responsibilities of editors and advisers; liability, immunity and l

72-1506

Chapter 72.--SCHOOLS
Article 15.--STUDENT PUBLICATIONS

      72-1506.   Liberty of press protected; regulation authorized; review ofmaterial not restraint on publication; material not protected; responsibilitiesof editors and advisers; liability, immunity and limitations.(a) The liberty of the press in student publications shall beprotected. School employees may regulate the number, length, frequency,distribution and format of student publications. Material shall not besuppressed solely because it involves political or controversial subjectmatter.

      (b)   Review of material prepared for student publications and encouragementof the expression of such material in a manner that is consistent with highstandards of English and journalism shall not be deemed to be or construed as arestraint on publication of the material or an abridgment of the right tofreedom of expression in student publications.

      (c)   Publication or other expression that is libelous, slanderous or obsceneor matter that commands, requests, induces, encourages, commends or promotesconduct that is defined by law as a crime or conduct that constitutes a groundor grounds for the suspension or expulsion of students as enumerated in K.S.A.72-8901, and amendments thereto, or which creates a material or substantialdisruption of the normal school activity is not protected by this act.

      (d)   Subject to the limitations imposed by this section, student editors ofstudent publications are responsible for determining the news, opinion, andadvertising content of such publications. Student publication advisers andother certified employees who supervise or direct the preparation of materialfor expression in student publications are responsible for teaching andencouraging free and responsible expression of material and high standards ofEnglish and journalism. No such adviser or employee shall be terminated fromemployment, transferred, or relieved of duties imposed under this subsectionfor refusal to abridge or infringe upon the right to freedom of expressionconferred by this act.

      (e)   No publication or other expression of matter by students in the exerciseof rights under this act shall be deemed to be an expression of school districtpolicy. No school district, member of the board of education or employeethereof, shall be held responsible in any civil or criminal action for anypublication or other expression of matter by students in the exercise of rightsunder this act.Student editors and other students of a school district, if such studenteditors and other students have attained the age of majority, shall be heldliable in any civil or criminal action for matter expressed in studentpublications to the extent of any such student editor's or other student'sresponsibility for and involvement in the preparation and publication of suchmatter.

      History:   L. 1992, ch. 5, § 3; July 1.