STAND. COM. REP. NO. 3284

Honolulu, Hawaii

RE: H.B. No. 1848

H.D. 2

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-First State Legislature

Regular Session of 2022

State of Hawaii

Sir:

Your Committees on Higher Education and Education, to which was referred H.B. No. 1848, H.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO STUDENT JOURNALISM,"

beg leave to report as follows:

The purpose and intent of this measure is to establish freedom of speech and freedom of the press protections for student journalists producing school-sponsored media or university-sponsored media unless subject to certain exceptions.

Your Committees received testimony in support of this measure from the Hawaii State Teachers Association, Hawaii Publishers Association, Student Press Law Center, and six individuals. Your Committees received comments on this measure from the Department of Education.

Your Committees find that high school students involved in journalism programs learn to think critically, research topics, conduct interviews, write clearly for an audience, and work together as a team. In institutions with strong journalism programs, students also learn how a free and responsible press can improve their school communities by informing, entertaining, and influencing their audience. However, some student journalists experience difficulties in which principals or other school administrators may censor their work on the basis that it includes inflammatory content. While stories may not be libelous in nature, students may be dissuaded from pursuing lines of inquiry for stories out of fear the publication may not be approved. To allow students to learn and engage in the field of journalism, while also providing protections under the First Amendment of the United States Constitution, this measure establishes freedom of speech and freedom of press protections for Hawaii's students in schools and universities.

Your Committees have amended this measure by:

(1) Clarifying that no state agency, school, university, board, or employee shall be held liable for the expression of material by student journalists under the First Amendment of the United States Constitution in addition to state law; and

(2) Making it effective upon its approval.

As affirmed by the records of votes of the members of your Committees on Higher Education and Education that are attached to this report, your Committees are in accord with the intent and purpose of H.B. No. 1848, H.D. 2, as amended herein, and recommend that it pass Second Reading in the form attached hereto as H.B. No. 1848, H.D. 2, S.D. 1, and be referred to your Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committees on Higher Education and Education,

________________________________ MICHELLE N. KIDANI, Chair

________________________________ DONNA MERCADO KIM, Chair