Student First Amendment Rights at Stake

Pass Senate Bill 121

As+of+2022%2C+there+are+16+states+with+laws+that+protect+the+First+Amendment+rights+of+student+journalists.+West+Virginia+stands+to+be+number+17+should+SB+121+be+signed+into+law.

As of 2022, there are 16 states with laws that protect the First Amendment rights of student journalists. West Virginia stands to be number 17 should SB 121 be signed into law.

The First Amendment protects our democracy and fosters civic engagement free from limitation. However, one group is historically limited from fully exercising their right to free expression– student journalists. West Virginia’s Senate Bill 121, the Student Journalist Press Freedom Protection Act, aims to change the narrative by codifying student press freedoms.

As Student Press Freedom Day approaches, students in high schools and higher education institutions across West Virginia anticipate the passing of the new bill. This week, and every week, student journalists participate in their right to free speech. In today’s world of increased censorship and limited First Amendment rights for student journalists,  passing SB-121 is imperative for the future of journalists.

First introduced by Senator Mike Azinger in 2022, the bill passed in the Senate but later died in the WV House of Representatives Education Committee. The bill did not stop there, though. On January 25, Azinger reintroduced it in the 2023 legislative session. It was unanimously passed in the Senate and is now once again awaiting consideration in the House Education Committee. 

Modeled after the Student Press Law Center’s New Voices Legislation, similar bills protecting the rights of student journalists are now seen across the country. 16 states have passed it with Hawaii being the latest in 2022. The proposed bill specifically protects, “Freedom of expression through college and university sponsored media is protected by the First Amendment to the United States Constitution and article III, section 7 of the West Virginia Constitution,” as stated in article 21. If passed, high schools and universities would not be able to “exercise prior restraint on materials that do not cause libel, slander, invasion of privacy, obscene or violate federal or state law.”

This bill is crucial for the future of scholastic journalism programs, which are vital facets that benefit not only journalism students but also their school, community, and democracy.

Infographic created by Lizzy Rhodes.

The knowledge, skills, and experiences students gain are invaluable. According to a study of more than 30,000 student journalists, student journalists do better in high school, score higher on tests, and have more success as college freshmen. Through published student media, student journalists have access to a public forum for expression that exposes them to complex, real-world issues that produce creative, informed, trailblazing citizens.

Through their endeavors, student journalists inspire and unite their schools and communities. School media keeps the student body informed and exposes them to new ways of thinking, different perspectives, and current events. These publications cover issues for teens by teens that no other publication is covering. They also connect schools to their broader community.

Censorship at the high school and university level is detrimental for students and faculty advisors alike. School officials may censor publications in fear of being held liable in court. However, this is far from the reality; schools and their administrations have historically been held less liable where student publications have full control over content decisions.

Not only does censorship affect the students; it impedes democracy. As Americans, it is our civic duty to uphold the press that protects our free democracy. It is important to remember that this generation of student journalists will soon become the professional journalists protecting democracy.

Senate Bill 121 protects all of these freedoms and more by giving students the voice they deserve. For the sake of all West Virginia student journalists, I urge the House of Representatives to join their Senate colleagues in passing SB 121. Please consider contacting your local legislators to encourage them to do so. Show your support by contacting the Senate Education Committee about the progression of Senate Bill 121. Contact information is located on the WV Legislature Site. The legislative session adjourns on March 11, 2023.

Student Press Law Center