New Jersey § 18a:36-45

§ 18a:36-45.

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, 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 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 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 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. 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 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 shall not sanction a student operating as an independent journalist. f. An employee of a school district 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 .