A record number of states have introduced New Voices bills in 2019

   More bills protecting the First Amendment rights of student journalists have been introduced this year than ever before.
   Nine are currently moving through the legislature:

Bills in Minnesota and Pennsylvania will be introduced in the coming days and weeks, while Virginia and Hawaii's bills have already been killed.
   These 11 bills are part of a nationwide effort to pass “New Voices” bills in state legislatures, which effectively counteract and clarify the limits of the 1988 Hazelwood School District v. Kuhlmeier Supreme Court decision. The Hazelwood decision greatly expanded the ability of public school administrators to control the content of student media.    
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Students and free speech advocates commemorate 50 years of Tinker

   As part of the Year of the Student Journalist, SPLC is proud to have co-sponsored "Tinker Turns 50," a series of events in celebration of the 50-year anniversary of the Tinker v. Des Moines Independent Community School District Supreme Court decision, which set the standard for student free speech for decades.
   The Tinker standard continues to play an active role in student speech today, as you can see from the many questions posed by students to siblings Mary Beth and John Tinker, plaintiffs from the Tinker case, during the #Tinkerversary events.
The Tinker case began when Mary Beth and John were punished by their Iowa school district in the mid-1960s for wearing black arm bands in protest of the Vietnam War. Decades later, the district says they're glad they lost the case:

Q: We're reviewing a new movie (or a new song, video game, TV show, book, etc.). Can we use an image we found online as an illustration?

A: Yes, but you have to be selective. As a general rule, most of material that you find online — whether it's a photo, a story, music, etc. — is protected by copyright. If you want to use it, you'll first need to obtain permission from the copyright owner (which may or may not be the operator of the website where you find the material).

There is, however, one important exception called Fair Use. The fair use exception allows you to use limited portions of otherwise copyrighted material without permission when engaged in news reporting or when publishing commentary or reviews.

To qualify, the copyrighted material that you use must be very closely tied to a bona fide news story, news survey, commentary or review.  For example, in reviewing the latest Jennifer Lawrence movie, the fair use exception would allow you to use a still image from the movie or a scaled down image of the movie's promotional material (for example, the movie poster) taken from the movie's official website to illustrate your review. Fair Use would also not apply if you were to use a candid photo of Lawrence from People Magazine or or some other third-party website that is unconnected to the movie you're reviewing. A candid photo of Lawrence walking down a Los Angeles street taken by a People Magazine photographer really has nothing to do with the movie and would likely not qualify as a Fair Use. If you want to use it, you'd need to obtain People Magazine's permission.

What should next week's Ask SPLC be?

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Keep up with Year of the Student Journalist 

Join the conversation throughout Year of the Student Journalist by tagging @splc on Twitter or @studentpresslawcenter on Instagram and using #StudentPressFreedom. Download the logo to use on your masthead, opinion page, social media and elsewhere. Buy swag here.

This week's featured post comes from students in Alabama who celebrated the 50th anniversary of the Tinker decision by utilizing their right to free speech.

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