State Laws That Protect Freedom of the Press for Students

The First Amendment of the U.S. Constitution provides that Congress shall make no law prohibiting the free exercise of freedom of speech or of the press. Though freedom of the press is a fundamental constitutional right, student journalists often face pressure from school administrators to limit what they publish.

In response to this problem, a number of states have passed press freedom laws for student journalists, including students in public and private schools. For more information on state laws that protect press freedom for student journalists, talk to a local civil rights lawyer.

Understanding Student Press Freedom

In the 1988 case Hazelwood School District v. Kuhlmeier, the U.S. Supreme Court said it was okay for school administrators to censor writings in student newspapers if their concerns grew out of “legitimate pedagogical concerns.”

The case was about a school principal who stopped articles on abortion and divorce from getting published in the school paper because they thought the issues were too mature and potentially disturbing for the high school audience. The Supreme Court upheld the principal’s censorship, holding that students do not share in the same right of free speech and free press given to professional journalists.

Hazelwood remains the prevailing legal standard. Permitted restrictions have included a Tennessee public high school student being told her piece on atheism would be too distracting. Another example includes an Illinois principal stopping a story revealing hazing in the school’s athletics programs.

State New Voices Laws Expand Student Press Freedoms

In the years since the Hazelwood decision, several states have enacted anti-Hazelwood laws. Also known as New Voices laws, these statutes expand student press freedoms.

Despite being called “anti-Hazelwood laws,” these state laws don’t violate the Supreme Court precedent set in Hazelwood. The U.S. Constitution, as interpreted by the Supreme Court, sets the baseline of free speech protections. While no state may provide fewer protections than the constitutional baseline, they are free to provide more through their own state laws. New Voices laws do just that — go beyond federal laws to offer greater protections for student speech.

These laws are important to promote responsible civic engagement in young people, including student editors. Student free speech protections also teach journalistic standards that prepare students for college or professional journalism after high school.

As of January 2025, 18 states have enacted student First Amendment protections that go beyond the baseline requirement of federal law. According to the nonprofit Student Press Law Center (SPLC), states with New Voices laws include:

• Arkansas
• California
• Colorado
• Hawaii
• Illinois
• Iowa
• Kansas
• Maryland
• Massachusetts
• Minnesota
• Nevada
• New Jersey
• North Dakota
• Oregon
• Rhode Island
• Vermont
• Washington
• West Virginia

Judy Endejan, a Seattle-based attorney and former journalist, celebrated the passage of Washington state’s own New Voices law in 2018. Endejan believes the protections are a victory for students and for democratic freedoms. “I think it’s very meaningful,” she says. “It basically says, in public schools, we’re supposed to be teaching kids about our Constitution. The First Amendment is something that they should be allowed to live and breathe, not just study it.”

Example of New Voices Protections Under Washington State Law

Key aspects of the Washington New Voices law for the rights of student journalists include:

• The Washington legislature expressly recognizes freedom of expression through school-sponsored media as a “fundamental principle of our democratic society granted by the First Amendment.”
• The law applies to both public schools and institutions of higher education.
• Student expression may only be limited where it’s libelous or slanderous; it’s an invasion of privacy; it violates or incites students to violate the law; it violates school district policies regarding harassment, discrimination, intimidation, or bullying.
• Student expression is subject to reasonable place, time, and manner restrictions.
• Student publications do not speak for the school district. A school board or administration is not liable for student journalism.
• School districts must establish district policies that are in accordance with the new law.
• Students in higher educational institutions have free speech and free press rights. This applies regardless of whether or not the media is school-sponsored or part of an academic course. Students may not be subject to mandatory review by a school official prior to publication.
• Administrators cannot discipline media advisers for complying with the law. “The law protects the media advisers, too,” Endejan says. “In the past, journalism media advisors could get fired for standing up for the kids.”

Limits to Freedom of the Press for Student Journalists

Freedom of the press is not without limits. There are certain things students cannot write, say, or send over social media. Unprotected speech includes:

• Slander (written defamation) or libel (spoken defamation)
• Invasions of privacy
• Writings that violate other state or federal laws

Legal Help and Civil Rights Protections

Schools cannot retaliate against students for practicing their free speech rights under state or federal law. If you need help advocating for your First Amendment rights, talk to a civil rights lawyer who handles free speech and freedom of the press cases.