2023 Hawaii Revised Statutes
Title 18. Education
304A. University of Hawaii System
304A-951 Student journalists; university-sponsored media.
Revision Note
Subpart heading added by revisor pursuant to §23G-15.
§304A-951 Student journalists; university-sponsored media. (a) A student journalist shall be allowed to exercise freedom of speech and freedom of the press in university-sponsored media and shall not be disciplined for acting in accordance with this section. A student journalist shall be responsible for determining the news, opinion, feature, and advertising content of university-sponsored media.
(b) Nothing in this section shall be construed to prevent a student media advisor from teaching professional standards of English language use and journalism to student journalists or determining grades and credit for those purposes.
(c) Nothing in this section shall be construed to authorize or protect student expression that:
(1) Is libelous or slanderous;
(2) Constitutes a clearly unwarranted invasion of personal privacy;
(3) Violates state or federal law;
(4) Is obscene; or
(5) So incites students as to create a clear and present danger of the commission of an unlawful act, the violation of lawful university policies, or the material and substantial disruption of the orderly operation of the university; provided that the determination of a risk of material and substantial disruption shall be based upon specific facts, including past experience at the university and current events influencing student behavior, and not on undifferentiated fear or apprehension of disturbance.
(d) There shall be no prior constraint of material prepared for university-sponsored media except as provided in subsection (c). University officials shall have the burden of showing justification without undue delay before a limitation of student expression under this section and shall establish a reasonable period of review for material prepared for university-sponsored media. If the period of review elapses without a decision, the material prepared for university-sponsored media shall be considered authorized.
(e) No publication or other expression of material by student journalists in the exercise of rights under this section shall be deemed to be an expression of the university or the board of regents. No state agency, member of the board of regents, officer of the university, or employee of any agency or the board of regents shall be held responsible in any civil or criminal action for the publication or other expression of material by student journalists in the exercise of rights under this section or the First Amendment of the United States Constitution.
(f) A student media advisor shall not be dismissed, suspended, disciplined, reassigned, transferred, or otherwise retaliated against for:
(1) Acting to protect a student journalist engaged in conduct protected under this section or the First Amendment to the United States Constitution; or
(2) Refusing to infringe on conduct that is protected by this section or the First Amendment to the United States Constitution.
(g) The board of regents shall adopt a written policy for the exercise of the right of student journalists to freedom of speech and freedom of the press in university-sponsored media in accordance with this section; provided that the policy shall include:
(1) Reasonable provisions for the time, place, and manner of distribution of student expression; and
(2) A procedure for the timely appeal of decisions made pursuant to this section.
(h) For the purposes of this section:
"Student journalist" means a student who determines, gathers, compiles, writes, edits, photographs, records, or prepares information or advertising for inclusion in university-sponsored media.
"Student media advisor" means an individual employed, appointed, or designated by the university to supervise or provide instruction relating to university-sponsored media.
"University-sponsored media" means any material:
(1) Prepared, written, published, or broadcast in any media by a student journalist in the university system;
(2) Distributed or generally made available, either free of charge or for a fee, to members of the student body; and
(3) Prepared under the direction of a student media advisor, regardless of whether the material is supported financially by the university or by use of facilities of the university or produced in conjunction with a class for which the student is enrolled.
"University-sponsored media" does not include material intended for distribution or transmission for classroom purposes only. [L 2022, c 24, §4]
Cross References
Student journalists; school-sponsored media, see §302A-451.
