West Virginia 2022 Regular Session Status: Passed Senate 3 R cosponsors

SB 216 — Creating Student Journalist Press Freedom Restoration Act

Last action — To House Judiciary

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House of Delegates
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2022 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

90 added · 213 removed

Plain-language change summary

The recent changes to Bill SB 216 have shifted its focus to specifically protect the rights of student journalists at public colleges and universities through a new framework called the Student Journalist Press Freedom Protection Act. Key additions include a clear affirmation that student journalists should have the freedom of expression in school-sponsored media, as well as the ability to seek legal recourse if their rights are violated. This matters because it reinforces the importance of free press at educational institutions, ensuring that student voices can contribute to an informed and engaged society. However, the provisions now explicitly exclude private colleges and universities from these protections, which may limit the scope of the law's impact.

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NEWS RELEASES HELPFUL LINKS SB216 SUB1 « Senate Bill 216 History OTHER VERSIONS  —  Committee Substitute (2)  |  Introduced Version  |   |  Email Key:
NEWS RELEASES HELPFUL LINKS SB216 SUB2 « Senate Bill 216 History OTHER VERSIONS  —  Committee Substitute (1)  |  Introduced Version  |   |  Email Key:
Red = new code to be enacted WEST virginia legislature regular session Committee Substitute for Senate Bill 216 By Senator Azinger [Originating in the Committee on Education;
Red = new code to be enacted WEST virginia legislature regular session Committee Substitute for Committee Substitute for Senate Bill 216 By Senators Azinger, Roberts, Maynard, and Rucker [Originating in the Committee on the Judiciary;
reported on February 7, 2022]     A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §18-34-1, §18-34-2, §18-34-3, and §18-34-4;
reported on February 16, 2022] A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §18B-21-1, §18B-21-2, §18B-21-3, and §18B-21-4, all relating to the creation of the Student Journalist Press Freedom Protection Act;
and to amend said code by adding thereto a new article, designated §18B-21-1, §18B-21-2, §18B-21-3, and §18B-21-4 all relating to student journalist press freedom;
making legislative findings;
creating the Secondary Student Journalist Press Freedom Restoration Act and the Higher Education Student Journalist Press Freedom Act;
providing for legislative findings;
providing that a student journalist has the right to exercise freedom of speech and of the press in school-sponsored media;
requiring that public colleges and universities allow for the free expression of student journalists in school sponsored media;
allowing student media advisors to teach professional standards of English and journalism to student journalists;
providing a framework and parameters for free expression;
providing expression that is not authorized or protected by student journalists’ freedom of expression section;
allowing for civil actions in the event that a student journalist’s rights are violated;
prohibiting prior restraint of material prepared for official school publications with certain exceptions;
specifying the judicial relief available in an appeal;
clarifying that nothing in student journalist freedom of expression section is to be construed as authorizing the publication of an advertisement in a school-sponsored media that promotes the purchase of a product or service that is unlawful for purchase or use by minors;
and clarifying that provisions of the article do not apply to students and private colleges or universities.
providing that a student journalist cannot be disciplined for exercising freedom of speech and of the press in school-sponsored media;
providing that a state institution of higher education student media adviser cannot be dismissed, suspended, disciplined, reassigned, transferred, or otherwise retaliated against for certain specified reasons;
requiring adoption of written policy for the exercise of the right of student journalists to freedom of speech and the press in school sponsored media;
providing that no expression made by students in the exercise of free speech or free press rights is deemed to be an expression of school policy and no school district or employee of a school district shall be held responsible in any civil or criminal action for any expression made or published by students;
allowing institution of proceedings for injunctive or declaratory relief to enforce rights provided in student journalists’ freedom of expression section;
and providing that the student journalist press freedom restoration acts do not apply to private middle or high schools or private colleges or universities.
CHAPTER 18.
ARTICLE 21.  student journalist press freedom PROTECTION ACT.
EDUCATION.
ARTICLE 34.  Secondary student journalist press freedom restoration ACT.
§18-34-1.
Short title.
This article may be cited and known as the Secondary Student Journalist Press Freedom Restoration Act.
§18-34-2.
Legislative findings.
(a) The West Virginia legislature finds that:
(1) Freedom of expression through school-sponsored media is a fundamental principle in our democratic society granted by the First Amendment to the United States Constitution and the West Virginia Constitution;
(2) A robust and free student press is critical to the development of informed and civic-minded adults;
(3) Student journalists are denied the right to free expression guaranteed to other students, and their work censored when the speech of other students could not be infringed;
and (4) Teachers who defend their students’ freedom of expression do so at great professional risk.
§18-34-3.
Definitions.
As used in this section:
(a) “School-sponsored media” means any material that is prepared, substantially written, published, or broadcast, in any media, by a student journalist at a public middle or high school under the direction of a student media adviser and distributed or generally made available to members of the student body.
School-sponsored media does not include media intended for distribution or transmission for classroom purposes only.
(b) “Student journalist” means a public middle or high school student who gathers, compiles, writes, edits, photographs, records, or prepares information for inclusion in school-sponsored media.
(c) “Student media adviser” means an individual employed, appointed, or designated by a public secondary school to supervise or provide instruction relating to school-sponsored media.
§18-34-4.
Student journalists’ freedom of expression.
(a) Except as provided in subsection (b) 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, uses the facilities of the school, or is produced in conjunction with a course or class in which the student is enrolled.
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Subject to subsection (b) of this section, a student journalist is responsible for determining the news, opinion, feature, and advertising content of school-sponsored media.
Student media advisers may teach professional standards of English and journalism to student journalists, consistent with this subsection.
(b) This section does not authorize or protect expression by a student that:
(1) Is libelous or slanderous;
(2) Constitutes an unwarranted invasion of the rights of others;
(3) Is 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 a lawful school district policy, or the material and substantial disruption of school activities.
Administrators must base a forecast of material and substantial disruption on specific facts, including past experience in the school and current events influencing student behavior, and not on undifferentiated fear or apprehension.
(c) There shall be no prior restraint of material prepared for official school publications except insofar as the material violates the standards of section (b).
School officials shall have the burden of showing prior justification for their limitation of student journalist expression under this section and affording students a timely opportunity for appeal.
(d) Nothing in this section shall be construed as authorizing the publication of an advertisement in school-sponsored media that promotes the purchase of a product or service that is unlawful for purchase or use by minors.
(e) A student journalist may not be disciplined for acting in accordance with subsection (a) of this section.
(f)(1) Each county board shall adopt a written policy for the exercise of the right of student journalists to freedom of speech and the press in school-sponsored media in accordance with this section.
(2) The policy must include reasonable provisions for the time, place, and manner of distribution of student expression.
(3) The policy must include a provision allowing for the timely appeal within the school district of decisions made pursuant to this section.
(g) No expression made by students in the exercise of free speech or free press rights shall be deemed to be an expression of school policy, and no school district or employee of a school district shall be held responsible in any civil or criminal action for any expression made or published by students.
(h) Any student, individually or through a parent or guardian, or student media adviser may institute proceedings for injunctive or declaratory relief in any court of competent jurisdiction to enforce the rights provided in this section.
Nothing in this section shall be construed to create any private action on behalf of a student other than to seek injunctive relief allowing the publication of the speech in question.
A court may award reasonable attorneys’ fees to a plaintiff that substantially prevails.
(i)  This article does not apply to those students in private middle or high schools.
CHAPTER 18B.
HIGHER EDUCATION.
ARTICLE 21.  Higher Education student journalist press freedom restoration ACT.
This article may be cited and known as the Higher Education Student Journalist Press Freedom Restoration Act.
This article may be cited and known as the Student Journalist Press Freedom Protection Act.
(a) The West Virginia legislature finds that:
(a) The legislature finds that:
(1) Freedom of expression through school-sponsored media is a fundamental principle in our democratic society granted by the First Amendment to the United States Constitution and the West Virginia Constitution;
(1) 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;
(2) A robust and free student press is critical to the development of informed and civic-minded adults;
(2) A college and university student press can contribute to the continuing development of informed and civic-minded citizens;
(3) Student journalists are denied the right to free expression guaranteed to other students, and their work censored when the speech of other students could not be infringed;
and (3) Instructors and administrators who defend their students’ freedom of expression may sometimes do so at professional risk.
and (4) Faculty members who defend their students’ freedom of expression do so at great professional risk.
(b) It is the intent of the legislature to protect freedom of expression in school-sponsored media at public institutions of higher education in this state, and to protect the instructors and administrators who support that right, in order to encourage students to become educated, informed, and responsible members of society.
As used in this section:
As used in this article:
(a) “School-sponsored media” means any material that is prepared, substantially written, published, or broadcast, in any media, by a student journalist at a state institution of higher education under the direction of a student media adviser and distributed or generally made available to members of the student body.
(a) “School-sponsored media” means any material that is prepared, substantially written, published, or broadcast, in any media, by a student journalist at a public college or university under the supervision of a student media adviser and distributed or generally made available to members of the student body.
(b) “Student journalist” means a state institution of higher education student who gathers, compiles, writes, edits, photographs, records, or prepares information for inclusion in school-sponsored media.
(b) “Student journalist” means a public college or university student who writes, edits, photographs, records, or prepares information for inclusion in school-sponsored media.
(c) “Student media adviser” means an individual employed, appointed, or designated by a state institution of higher education to supervise or provide instruction relating to school-sponsored media.
(c) “Student media adviser” means an individual employed, appointed, or designated by a college or university to supervise or provide instruction relating to school-sponsored media.
(a) Except as provided in subsection (b) 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, uses the facilities of the school, or is produced in conjunction with a course or class in which the student is enrolled.
(a) Except as provided in subsection (b) of this section, a student journalist has the right to freedom of speech and of the press in school-sponsored media regardless of whether the media is supported financially by the school, uses the facilities of the school, or is produced in conjunction with a course or class in which the student is enrolled.
Subject to subsection (b) of this section, a student journalist is responsible for determining the news, opinion, feature, and advertising content of school-sponsored media.
Subject to subsection (b) of this section, a student journalist is responsible for determining the news, opinion, feature, and other news reporting content of school-sponsored media.
Student media advisers may teach professional standards of English and journalism to student journalists, consistent with this subsection.
A student journalist is entitled to the protections set forth in §57-3-10, of this code.
(2) Constitutes an unwarranted invasion of the rights of others;
(2) Constitutes an actionable invasion of privacy;
(3) Is obscene;
(3) Is obscene, vulgar, or offensive to a reasonable person.
or (5) So incites students as to create a clear and present danger of the commission of an unlawful act, the violation of a lawful state institution of higher education policy, or the material and substantial disruption of institution activities.
or (5) Expressly incites students to engage in the commission of an unlawful act or acts, or violate a lawful school policy, or is likely to cause the material and substantial disruption of the  operation of the school.
Administrators must base a forecast of material and substantial disruption on specific facts, including past experience in the institution and current events influencing student behavior, and not on undifferentiated fear or apprehension.
Any prior restraint on publication must be based upon objective determination that a violation of this subsection exists or will occur.
(c) There shall be no prior restraint of material prepared for official state institution of higher education institution publications except insofar as the material violates the standards of section (b).
(c) There shall be no prior restraint of material prepared for official school publications except insofar as the material violates the standards of subsection (b) of this section.
The state institution of higher education shall have the burden of showing prior justification for their limitation of student journalist expression under this section and affording students a timely opportunity for appeal.
School officials have the burden of showing prior justification for their limitation of student journalist expression under this section and shall afford students a timely opportunity for appeal.
(d) Nothing in this section shall be construed as authorizing the publication of an advertisement in school-sponsored media that promotes the purchase of a product or service that is unlawful for purchase or use by minors.
(d) Nothing in this section shall be construed as authorizing the publication of an advertisement in school-sponsored media.
(e) A student journalist may not be disciplined for acting in accordance with subsection (a) of this section.
(e) A student journalist is not subject to discipline for acting in accordance with this section.
(f) A student media adviser may not be dismissed, suspended, disciplined, reassigned, transferred, or otherwise retaliated against for:
(f) A student media adviser may not be dismissed, suspended, disciplined, reassigned, transferred, or otherwise retaliated against for acting in conformity with this article.
(1) Refusing to infringe on conduct that is protected by this section or the First Amendment to the United States Constitution or the West Virginia Constitution;
(g)(1) Each public college or university shall adopt a written policy for the exercise of the right of student journalists to freedom of speech and the press in school-sponsored media in accordance with this section.
or (2) Acting to protect a student journalist engaged in permissible conduct under subsection (a) of this section or the First Amendment to the United States Constitution or the West Virginia Constitution.
(2) The policy shall include a provision allowing for the timely appeal of school administration decisions made regarding behavior protected by this section.
(g)(1) Each state institution of higher education governing board shall adopt a written policy for the exercise of the right of student journalists to freedom of speech and the press in school-sponsored media in accordance with this section.
A student journalist or student media advisor who believes a violation of this section has occurred must exhaust school administrative review procedures prior to availing himself or herself of the relief authorized by subsection (i) of this section.
(2) The policy must include reasonable provisions for the time, place, and manner of distribution of student expression.
(h) A statement or position made or taken by students in the exercise of free speech or free press rights shall not be considered to be an expression of school policy, and school officials shall not be held responsible in any civil or criminal action for any expression made or published by students.
(3) The policy must include a provision allowing for the timely appeal within the institution of decisions made pursuant to this section.
(i) Any student or student media adviser may institute proceedings for injunctive or declaratory relief in any court of competent jurisdiction to enforce the rights provided in this section.
(h) No expression made by students in the exercise of free speech or free press rights shall be deemed to be an expression of school policy, and no state institution of higher education or employee of the institution shall be held responsible in any civil or criminal action for any expression made or published by students.
Nothing in this section shall be construed to create any private cause of action on behalf of a student other than for injunctive relief allowing the publication of the speech in question.
(i) Any student, individually or through a parent or guardian, or student media adviser may institute proceedings for injunctive or declaratory relief in any court of competent jurisdiction to enforce the rights provided in this section.
A court may award reasonable attorneys’ fees to a plaintiff who substantially prevails.
Nothing in this section shall be construed to create any private action on behalf of a student other than to seek injunctive relief allowing the publication of the speech in question.
(j)  This article does not apply to students attending private colleges or universities.
A court may award reasonable attorneys’ fees to a plaintiff that substantially prevails.
(j)  This article does not apply to those students in private colleges or universities.
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Action History

  1. To House Judiciary

  2. 2nd reference to the committee on Finance dispensed, new 2nd reference, to Judiciary

  3. Do pass

  4. To House Education

  5. To Education then Finance

  6. Introduced in House

  7. Ordered to House

  8. Effective from passage (Roll No. 183)

  9. Passed Senate (Roll No. 183)

  10. Read 3rd time

  11. On 3rd reading

  12. Read 2nd time

  13. On 2nd reading

  14. Read 1st time

  15. On 1st reading

  16. Committee substitute for committee substitute reported

  17. To Judiciary

  18. Committee substitute reported, but first to Judiciary

  19. To Education

  20. Introduced in Senate

  21. To Education then Judiciary

  22. Filed for introduction

Sponsors

Sponsorship breakdown

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1 sponsors · 3 co-sponsors · 148 not signed on

Sponsors (1)

Co-sponsors (3)

Not signed on (148)

148 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passage

Passed 34 Yea · 0 Nay
Party YeaNayPresentNot Voting
Republican 10000
Unaffiliated 23000
Democrat 1000
Total 34000
% of votes cast 100%0%0%0%
How each member voted (34)
Member Party Vote
LINDSAY — Yea
STOLLINGS — Yea
BALDWIN — Yea
MARONEY — Yea
STOVER — Yea
BEACH — Yea
MARTIN — Yea
SWOPE — Yea
BOLEY — Yea
MAYNARD — Yea
SYPOLT — Yea
BROWN — Yea
NELSON — Yea
CAPUTO — Yea
PHILLIPS — Yea
PLYMALE — Yea
TRUMP — Yea
GEFFERT — Yea
ROMANO — Yea
JEFFRIES — Yea
SMITH — Yea
MR PRESIDENT — Yea
KARNES — Yea
Mike Woelfel Democrat Yea
Amy Grady Republican Yea
Bill Hamilton Republican Yea
Charles H. Clements Republican Yea
Eric Tarr Republican Yea
Jack Woodrum Republican Yea
Mike Azinger Republican Yea
Patricia Rucker Republican Yea
Rollan A. Roberts Republican Yea
Ryan Weld Republican Yea
Tom Takubo Republican Yea

Official roll call →

Subjects

civil-rights education
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors SB 216?
SB 216 is sponsored by Patricia Rucker (Republican), Maynard, Rollan A. Roberts (Republican), and Mike Azinger (Republican).
What is the current status of SB 216?
This bill died with 2022 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 216?
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