Free speech for student journalists reporting in school newspapers would be protected under legislation sponsored by Sen. Joe Fain, which passed the Senate on Thursday.
Current and former student reporters and editors, journalism teachers and free press advocates support the plan.
“Opportunities to practice journalism in school provide an incredible learning experience for young people to learn more about the issues that are important to them and increase the awareness of their peers,” said Fain, R-Auburn, who serves as Senate Majority Floor Leader. “Now, more than ever, some online outlets intentionally blur the lines between real reporting and fake news. We must ensure students have necessary backing to independently and responsibly practice their craft.”
Under the “New Voices Act” legislation, student editors would be responsible for content, as they are learning how to participate ethically and honestly in the conversations of a civil democracy.
“Media literacy is more important now than ever, and Senate Bill 5064 going through the House and to the Governor’s desk, is especially needed to help adolescents decipher between fake news and real news,” said Mariah Valles, who serves as editor in chief of the Auburn High School yearbook and testified in support of the measure. “Censored news is fake news.”
The issue stems from a 1988 U.S. Supreme Court ruling in Hazelwood School District v. Kuhlmeier where the court held that school-sponsored student expression, including school newspapers, did not occur in a traditional public forum and therefore could be regulated. Despite the federal precedent, states have the right to provide greater protections.
“The Washington Senate, under the leadership of Sen. Fain, has sent a clear message that this state is a champion of First Amendment rights for all of its citizens,” said Thomas Kaup, student newspaper and yearbook adviser at Auburn High School. “Hopefully the House and the governor will make this a state government declaration that free speech is welcome and nourished in the state of Washington. Students learn by doing, not by just being told. These students will learn how to produce and understand real news and real facts, which will make them better citizens who know their First Amendment rights.”
Fain’s legislation, which passed by a 45-4 margin, is modeled off policies passed by North Dakota in 2015, placing the responsibility on student editors to determine content so long as the content is not libelous, illegal, or would disrupt the educational environment of the school.
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Watch Sen. Fain’s video on the legislation here.
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