NEW VOICES MARYLAND ACT

In April 2016, Governor Larry Hogan signed the New Voices Maryland Act (SB 764) into law. MDCSPA worked for over 20 years for the passage of this act. Former president Gary Clites stood behind the governor as he signed the act into law, which went into effect on October 1, 2016.

The act protects the free speech and free press rights of student journalists in Maryland public secondary schools. It also clarifies the circumstances under which school administrators can control the content of student media distributed in their schools. The law encourages student reporters and editors to perform responsibly in their role as journalists and encourages in-school media to model the principles of the First Amendment in their schools.

FACTS ABOUT THE BILL

The New Voices Maryland Act states that:

• Student journalists are responsible for determining the news, opinion, feature and advertising content of school sponsored media.

• Student journalists may exercise freedom of speech and freedom of the press in school sponsored media.

• Except in situations indicated below, a county board may not exercise prior restraint of any school sponsored media.

• The public school will have the burden of proving justification without undue delay before an action is taken to censor the student press.

• A student journalist may not be disciplined for acting in accordance with the act.

• A student media adviser may not be dismissed, suspended, disciplined, reassigned, transferred or otherwise retaliated against for acting to protect the rights of a student journalist or refusing to infringe on conduct by students that is protected under the act, the First Amendment of the Constitution, or Article 40 of the Maryland Declaration of Rights.

• Student media advisers may not use their position to influence a student journalist to promote an official position of a county board or public school.

• Each county board shall adopt a written policy concerning the provisions of the act.

The New Voices Maryland Act does not protect student speech which:

• Is libelous or slanderous.
• Constitutes an unwarranted invasion of privacy.
• Violates federal or state law.
• Incites students to create a clear and present danger of the commission of an unlawful act.
• Incites students to violate county school board policies.
• Incites students to create a material or substantial disruption of the orderly operation of the school.

​County written policies developed regarding this act may include limitation of language that:

• May be profane, vulgar, lewd or obscene.
• Has the intent to harass, threaten or intimidate.