Bill Text: NJ S4757 | 2026-2027 | Regular Session | Introduced
Bill Title: Concerns speech rights of student journalists at nonpublic schools and independent institutions of higher education; prohibits prior administrative review of school-sponsored media at all schools and institutions of higher education.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced) 2026-10-05 - Introduced in the Senate, Referred to Senate Higher Education Committee [S4757 Detail]
Download: New_Jersey-2026-S4757-Introduced.html
Sponsored by:
Senator SHIRLEY K. TURNER
District 15 (Hunterdon and Mercer)
SYNOPSIS
Concerns speech rights of student journalists at nonpublic schools and independent institutions of higher education; prohibits prior administrative review of school-sponsored media at all schools and institutions of higher education.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning student freedom of expression, amending P.L.2021, c.309, and supplementing P.L.1994, c.48 (C.18A:3B-1 et al.).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.2021, c.309 (C.18A:36-44) is amended to read as follows:
1. a. Except as otherwise provided in section 2 of [this act] P.L.2021, c.309 (C.18A:36-45), a [public school] student shall have the right to exercise freedom of speech and of the press.
b. [By the first full school year next following the date of enactment of this act, each school district] The governing body of each public school and nonpublic school shall adopt a written policy concerning student freedom of expression in accordance with the provisions of section 2 of [this act] P.L.2021, c.309 (C.18A:36-45). The policy shall include reasonable provisions for the time, place, and manner of student expression. The policy may also include limitations on language that may be defined as profane, harassing, threatening, or intimidating.
(cf: P.L.2021, c.309, s.1)
2. Section 2 of P.L.2021, c.309 (C.18A:36-45) is amended to read as follows:
2. a. As used in this section:
"School-sponsored media" means any material that is prepared, substantially written, published, or broadcast by a student journalist at a public school or nonpublic school, distributed or generally made available to members of the student body, and prepared under the direction of a student media adviser. School-sponsored media does not include media intended for distribution or transmission solely in the classroom in which the media is produced.
"Student journalist" means a [public school] student enrolled in a public school or nonpublic school who gathers, compiles, writes, edits, photographs, records, or prepares information for dissemination in school-sponsored media.
"Student media adviser" means an individual employed, appointed, or designated by a [school district] public school or nonpublic school to supervise or provide instruction relating to school-sponsored media.
b. Except as otherwise provided in subsection c. of this section, a student journalist has the right to exercise freedom of speech and of the press in school-sponsored media, regardless of whether the media is supported financially by the [school district] public school or nonpublic school or by use of school [district] facilities, or produced in conjunction with a class in which the student is enrolled. Subject to subsection c. of this section, a student journalist is responsible for determining the news, opinion, feature, and advertising content of school-sponsored media and shall not be required to submit content for prior administrative review. This subsection shall not be construed to prevent a student media adviser from teaching professional standards of English and journalism to student journalists.
c. This section does not authorize or protect expression by a student that:
(1) is libelous or slanderous;
(2) constitutes an unwarranted invasion of privacy;
(3) is profane or obscene;
(4) violates federal or State law; or
(5) so incites students as to create a clear and present danger of the commission of an unlawful act, the violation of school [district] policies, or the material and substantial disruption of the orderly operation of the school.
d. A [school district] public school or nonpublic school shall not authorize any prior restraint of any school-sponsored media except for the types of expression described in subsection c. of this section. When a school official determines that the restraint of student expression is necessary, the school official shall simultaneously identify the provision within subsection c. of this section under which the limitation of student expression is appropriate.
e. A [school district] public school or nonpublic school shall not sanction a student operating as an independent journalist.
f. An employee of a [school district] public school or nonpublic school shall not be dismissed, suspended, disciplined, reassigned, transferred, or otherwise retaliated against solely for acting to protect a student engaged in the conduct authorized under this section, or refusing to infringe upon conduct that is protected by this section, the First Amendment to the United States Constitution, or paragraph 6 of Article I of the New Jersey Constitution.
g. Upon violation of any provision of this section, an aggrieved person may, in addition to any other available remedy, institute a civil action in a court of competent jurisdiction, within one year of the date of the alleged violation.
(cf: P.L.2021, c.309, s.2)
3. Section 3 of P.L.2021, c.309 (C.18A:62-67) is amended to read as follows:
3. a. As used in this section:
"School-sponsored media" means any material that is prepared, substantially written, published, or broadcast by a student journalist at a public institution of higher education, distributed or generally made available to members of the student body, and prepared under the direction of a student media adviser. School-sponsored media does not include media intended for distribution or transmission solely in the classroom in which the media is produced.
"Student journalist" means a student at a public institution of higher education who gathers, compiles, writes, edits, photographs, records, or prepares information for dissemination in school-sponsored media.
"Student media adviser" means an individual employed, appointed, or designated by a public institution of higher education to supervise or provide instruction relating to school-sponsored media.
b. Except as otherwise provided in subsection c. of this section, a student journalist has the right to exercise freedom of speech and of the press in school-sponsored media, regardless of whether the media is supported financially by the public institution of higher education or by use of institution facilities, or produced in conjunction with a course in which the student is enrolled. Subject to subsection c. of this section, a student journalist is responsible for determining the news, opinion, feature, and advertising content of school-sponsored media and shall not be required to submit content for prior administrative review. This subsection shall not be construed to prevent a student media adviser from teaching professional standards of English and journalism to student journalists.
c. This section does not authorize or protect expression by a student that:
(1) is libelous or slanderous;
(2) constitutes an unwarranted invasion of privacy;
(3) is profane or obscene;
(4) violates federal or State law; or
(5) so incites students as to create a clear and present danger of the commission of an unlawful act, the violation of policies of the public institution of higher education, or the material and substantial disruption of the orderly operation of the institution.
d. An employee of a public institution of higher education shall not be dismissed, suspended, disciplined, reassigned, transferred, or otherwise retaliated against solely for acting to protect a student engaged in the conduct authorized under this section, or refusing to infringe upon conduct that is protected by this section, the First Amendment to the United States Constitution, or paragraph 6 of Article I of the New Jersey Constitution.
e. Upon violation of any provision of this section, an aggrieved person may, in addition to any other available remedy, institute a civil action in a court of competent jurisdiction, within one year of the date of the alleged violation.
(cf: P.L.2021, c.309, s.3)
4. (New section) a. As used in this section:
"School-sponsored media" means any material that is prepared, substantially written, published, or broadcast by a student journalist at an independent institution of higher education, distributed or generally made available to members of the student body, and prepared under the direction of a student media adviser. School-sponsored media does not include media intended for distribution or transmission solely in the classroom in which the media is produced.
"Student journalist" means a student enrolled in an independent institution of higher education who gathers, compiles, writes, edits, photographs, records, or prepares information for dissemination in school-sponsored media.
"Student media adviser" means an individual employed, appointed, or designated by an independent institution of higher education to supervise or provide instruction relating to school-sponsored media.
b. Except as otherwise provided in subsection c. of this section, a student journalist has the right to exercise freedom of speech and of the press in school-sponsored media, regardless of whether the media is supported financially by the independent institution of higher education or by use of institution facilities, or produced in conjunction with a course in which the student is enrolled. Subject to subsection c. of this section, a student journalist is responsible for determining the news, opinion, feature, and advertising content of school-sponsored media and shall not be required to submit content for prior administrative review. This subsection shall not be construed to prevent a student media adviser from teaching professional standards of English and journalism to student journalists.
c. This section does not authorize or protect expression by a student that:
(1) is libelous or slanderous;
(2) constitutes an unwarranted invasion of privacy;
(3) is profane or obscene;
(4) violates federal or State law; or
(5) so incites students as to create a clear and present danger of the commission of an unlawful act, the violation of policies of the independent institution of higher education, or the material and substantial disruption of the orderly operation of the institution.
d. An employee of an independent institution of higher education shall not be dismissed, suspended, disciplined, reassigned, transferred, or otherwise retaliated against solely for acting to protect a student engaged in the conduct authorized under this section, or refusing to infringe upon conduct that is protected by this section, the First Amendment to the United States Constitution, or paragraph 6 of Article I of the New Jersey Constitution.
e. Upon violation of any provision of this section, an aggrieved person may, in addition to any other available remedy, institute a civil action in a court of competent jurisdiction, within one year of the date of the alleged violation.
5. This act shall take effect immediately.
STATEMENT
This bill concerns certain freedom of expression rights for students in schools and institutions of higher education.
Current law provides that a student journalist enrolled at a school district and at a public institution of higher education has the right to exercise freedom of speech and of the press and is responsible for determining certain content to be included in school-sponsored media. This bill establishes identical provisions for nonpublic schools and independent institutions of higher education to those that are currently in statute for school districts and public institutions of higher education.
Specifically, the bill provides that a student at a nonpublic school or an independent institution of higher education who gathers, compiles, writes, edits, photographs, records, or prepares information for dissemination in school-sponsored media has the right to exercise freedom of speech and of the press, and is responsible for determining the news, opinion, feature, and advertising content of the school-sponsored media. The bill does not protect student expression that: (1) is libelous or slanderous; (2) constitutes an unwarranted invasion of privacy; (3) is profane or obscene; (4) violates federal or State law; or (5) so incites students as to create a clear and present danger of the commission of an unlawful act, the violation of policies of the school or institution, or the material and substantial disruption of the orderly operation of the school or institution. A nonpublic school may not authorize prior restraint of any school-sponsored media except for the types of expression described in these categories.
The bill requires nonpublic schools to adopt a written policy concerning student freedom of expression in accordance with the provisions of the bill. The policy is required to include reasonable provisions for the time, place, and manner of student expression, and may also include limitations on language that may be defined as profane, harassing, threatening, or intimidating. The bill also contains provisions to protect employees of nonpublic schools and independent institutions of higher education from retaliation for acting to protect a student engaged in freedom of expression.
Additionally, the bill provides that student journalists in all schools and institutions of higher education will not be subject to prior administrative review and provides for civil remedies upon violation of any of the related provisions concerning student freedom of expression.
