22-1-120. Rights of free expression for public school students.

Statute text

(1) The general assembly declares that students of the public schools have the right to exercise freedom of speech and of the press, and no expression contained in a student publication, whether printed, broadcast, or online, and whether or not such publication is school-sponsored, is subject to prior restraint except for the types of expression described in subsection (3) of this section. An advisor may encourage expression consistent with high standards of English and journalism.

(2) If a publication written substantially by students is made generally available throughout a public school, it shall be a public forum for students of such school.

(3) Nothing in this section shall be interpreted to authorize the publication or distribution in any media by students of the following:

(a) Expression that is obscene;

(b) Expression that is libelous, slanderous, or defamatory under state law;

(c) Expression that is false as to any person who is not a public figure or involved in a matter of public concern; or

(d) Expression that creates a clear and present danger of the commission of unlawful acts, the violation of lawful school regulations, or the material and substantial disruption of the orderly operation of the school or that violates the rights of others to privacy or that threatens violence to property or persons.

(4) The board of education of each school district shall adopt a written publications code, which shall be consistent with the terms of this section, and shall include reasonable provisions for the time, place, and manner of conducting free expression within the school district's jurisdiction. The publications code shall be distributed, posted, or otherwise made available to all students and teachers at the beginning of each school year.

(5) (a) Student editors of school-sponsored student publications shall be responsible for determining the news, opinion, and advertising content of their publications subject to the limitations of this section. It shall be the responsibility of the publications advisor of school-sponsored student publications within each school to supervise the production of such publications and to teach and encourage free and responsible expression and professional standards for English and journalism.

(b) For the purposes of this section, "publications advisor" means a person whose duties include the supervision of school-sponsored student publications.

(6) If participation in a school-sponsored publication is part of a school class or activity for which grades or school credits are given, the provisions of this section shall not be interpreted to interfere with the authority of the publications advisor for such school-sponsored publication to establish or limit writing assignments for the students working with the publication and to otherwise direct and control the learning experience that the publication is intended to provide.

(7) No expression made by students in the exercise of freedom of speech or freedom of the press shall be deemed to be an expression of school policy, and no school district or employee, or parent, or legal guardian, or official of such school district shall be held liable in any civil or criminal action for any expression made or published by students.

(8) Nothing in this section limits the promulgation or enforcement of lawful school regulations designed to control gangs. For the purposes of this section, "gang" has the same meaning as set forth in section 19-2.5-102.

(9) A public school employee must not be dismissed, suspended, disciplined, reassigned, transferred, or otherwise retaliated against solely for acting to protect a student engaged in the conduct authorized pursuant to this section or for refusing to infringe upon conduct that is protected by this section or the first amendment to the United States constitution.

History

Source: L. 90: Entire section added, p. 1042, 1, effective June 7. L. 98: (8) amended, p. 823, 30, effective August 5. L. 2000: (3) amended, p. 1971, 13, effective June 2. L. 2006: (4) amended, p. 595, 3, effective August 7. L. 2020: (1) amended and (9) added, (HB 20-1062), ch. 79, p. 321, 1, effective September 14. L. 2021: (8) amended, (SB 21-059), ch. 136, p. 738, 94, effective October 1.

Annotations

 

ANNOTATION

Annotations

Subsection (1) applies only to written publication, such as school newspapers. The entire context of the statute makes clear that "publication" means written media, such as a student newspaper, since there are numerous provisions pertaining to written speech and journalism but not to oral speech. Corder v. Lewis Palmer Sch. Dist. No. 38, 568 F. Supp. 2d 1237 (D. Colo. 2008), aff'd, 566 F.3d 1219 (10th Cir.), cert. denied, 558 U.S. 1048, 130 S. Ct. 742, 175 L. Ed. 2d 515 (2009).

By its plain terms, therefore, subsection (1) does not apply to valedictorian speech given at high school graduation. Corder v. Lewis Palmer Sch. Dist. No. 38, 568 F. Supp. 2d 1237 (D. Colo. 2008), aff'd, 566 F.3d 1219 (10th Cir.), cert. denied, 558 U.S. 1048, 130 S. Ct. 742, 175 L. Ed. 2d 515 (2009).

Subsection (1) cannot be construed to prohibit a school from regulating speech that could violate the establishment clause of the first amendment. Corder v. Lewis Palmer Sch. Dist. No. 38, 568 F. Supp. 2d 1237 (D. Colo. 2008), aff'd, 566 F.3d 1219 (10th Cir.), cert. denied, 558 U.S. 1048, 130 S. Ct. 742, 175 L. Ed. 2d 515 (2009).