Bill Text: MS HB320 | 2013 | Regular Session | Introduced
Bill Title: Student speech; grant immunity to school officials allowing amplified student messages consistent with district policy.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2013-02-05 - Died In Committee [HB320 Detail]
Download: Mississippi-2013-HB320-Introduced.html
MISSISSIPPI LEGISLATURE
2013 Regular Session
To: Education; Judiciary A
By: Representative Carpenter
House Bill 320
AN ACT TO AUTHORIZE LOCAL SCHOOL BOARDS TO ADOPT A POLICY AUTHORIZING STUDENT SPEECH THAT IS DELIVERED OVER AN INTERCOM OR PUBLIC ADDRESS SYSTEM; TO SPECIFY CERTAIN PROVISIONS THAT MUST BE CONTAINED IN THE POLICY, INCLUDING THE LIMITING OF SUCH STUDENT SPEECH TO BRIEF OPENING AND CLOSING MESSAGES AT DESIGNATED SCHOOL EVENTS; TO LIMIT THE LIABILITY OF SCHOOL DISTRICTS, SUPERINTENDENTS, SCHOOL BOARD MEMBERS AND SCHOOL DISTRICT EMPLOYEES WHO ALLOW STUDENTS TO DELIVER OPENING AND CLOSING MESSAGES AT SCHOOL EVENTS IN ACCORDANCE WITH THE DISTRICT'S POLICY FOR THE CONTENT OF THE STUDENT SPEECH DELIVERED IN SUCH MESSAGES; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) The school board of a school district may adopt and implement a policy authorizing student speech that is delivered over an intercom or amplified public address system on school property and at school events, including, but not limited to: football games; other athletic events designated by the school board in the policy; school assemblies; pep rallies; the opening announcements and greetings for the school day; and any additional events designated by the school board.
(2) A policy adopted by a school board under this section must comply with the following:
(a) The policy must limit student speech that may be delivered over an intercom or public address system to a brief opening or closing message, or both, for specified school events;
(b) The policy must describe those school events at which a student speaker or speakers will be allowed to publicly give a brief opening or closing message, or both;
(c) The policy specifically must prohibit student speakers from engaging in obscene, vulgar, offensively lewd or indecent speech;
(d) A reasonable and appropriate maximum time that a student may be permitted to deliver an opening or closing message, or both, which may vary based upon the nature of the school event at which the opening or closing message, or both, is to be delivered, must be prescribed in the policy;
(e) The subject of the student's opening or closing message, or both, must be designated for the school event, and a student speaker must stay on the subject; and
(f) The content of a student's opening or closing message, or both, must be prepared solely by the student and may not be monitored or otherwise reviewed by any school district employee.
(3) It shall be lawful for a school district superintendent, school board member, school administrator and any other school district employee to permit a student to utilize an intercom or amplified public address system for the purpose of delivering an opening or closing message, or both, on school property and at a school event in accordance with a school district policy adopted and implemented pursuant to this section. The granting of permission by such persons to a student to use an intercom or amplified public address system for the purpose of delivering an opening or closing message, or both, on school property and at school events may not be construed to indicate any support, approval, sponsorship or sanction of the contents of the student speech or to be an unconstitutional use of public property. No school district, school district superintendent, school board member, school administrator or any other school district employee who permits a student to utilize an intercom or amplified public address system in accordance with a school district policy adopted and implemented pursuant to this section may be held liable for the student speech delivered in an opening or closing message, or both.
SECTION 2. This act shall take effect and be in force from and after its passage.
