Section 1. Section 53G-10-203 is amended to read:53G-10-203. Expressions of belief -- Discretionary time -- School-sponsored media.(1)As used in this section:(a)"Discretionary time" means noninstructional time during which a student is free to pursue personal interests.(b)(i)"School-sponsored media" means any material that is prepared, substantially written, published, or broadcast, in any media, by a student journalist at a school under the direction of a student media adviser and distributed or generally made available to members of the student body.(ii)"School-sponsored media" does not include media intended for distribution or transmission for classroom purposes only.(c)"Student journalist" means a student at a school within an LEA who gathers, compiles, writes, edits, photographs, records, or prepares information for inclusion in school-sponsored media.(d)"Student media adviser" means an individual employed, appointed, or designated by an LEA or school administrator to supervise or provide instruction relating to school-sponsored media.(1)(2)Expression of personal beliefs by a student participating in school-directed curricula or activities may not be prohibited or penalized unless the expression unreasonably interferes with order or discipline, threatens the well-being of persons or property, or violates concepts of civility or propriety appropriate to a school setting.(2)(3)(a)As used in this section, "discretionary time" means noninstructional time during which a student is free to pursue personal interests.(b)Free exercise of voluntary religious practice or freedom of speech by students during discretionary time shall not be denied unless the conduct unreasonably interferes with the ability of school officials to maintain order and discipline, unreasonably endangers persons or property, or violates concepts of civility or propriety appropriate to a school setting.(3)(4)Any limitation under this section on student expression, practice, or conduct shall be by the least restrictive means necessary to satisfy the school's interests, or to satisfy another specifically identified compelling governmental interest.(5)Except as provided in Subsection (6), a student journalist has the right to exercise freedom of speech and of the press in school-sponsored media, whether or not 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.(6)(a)Subject to Subsection (7), a student journalist is responsible for determining the news, opinion, feature, and advertising content of school-sponsored media.(b)A student media adviser may teach professional standards of English and journalism to student journalists, consistent with this section.(7)This section does not authorize or protect expression by a student that:(a)is libelous or slanderous;(b)constitutes an unwarranted invasion of privacy;(c)is obscene as that term is defined in Section 32B-1-504;(d)violates federal or state law; or(e)incites the creation of a clear and present danger of:(i)the commission of an unlawful act;(ii)the violation of a lawful school policy; or(iii)the material and substantial disruption of the orderly operation of the school.(8)An LEA or school administrator shall base a forecast of material and substantial disruption under Subsection (7)(e)(iii) on specific facts, including past experience in the school and current events influencing student behavior, and not on undifferentiated fear or apprehension.(9)(a)An LEA or school may not create or enact a prior restraint of material prepared for school-sponsored media except when the material violates Subsection (7).(b)An LEA or school official shall:(i)have the burden of showing justification for any limitation of student journalist expression under this section; and(ii)afford a student a timely opportunity for appeal of any decision to restrain publication.(10)This section does not authorize the publication of advertising in school-sponsored media that promotes a product or service that is unlawful for purchase or use by minors.(11)A student journalist may not be disciplined for acting in accordance with Subsection (5).(12)A student media adviser may not be dismissed, suspended, disciplined, reassigned, transferred, subject to termination or nonrenewal of a teaching contract, or otherwise retaliated against for:(a)refusing to infringe upon conduct that is protected by this section or the First Amendment to the United States Constitution; or(b)acting to protect a student journalist engaged in conduct authorized under Subsection (5) or the First Amendment to the United States Constitution.