The Illinois Senate has passed legislation to expand freedom-of-the-press protections for public media on college campuses, despite concerns about lawsuit immunity.
State Sen. David Koehler, D-Peoria, sponsored Senate Bill 1988, which would amend the College Campus Press Act.
State Sen. Jil Tracy, R-Quincy, asked Koehler if college media didn’t think the First Amendment of the Constitution would protect them.
“This grew out of their desire to make sure that the First Amendment was protecting them. I don’t know what to say to that. Again, I’m bringing this forward because they seemed to think they needed it,” Koehler said.
Sen. Chapin Rose, R-Mahomet, told Koehler that one provision of the bill could allow blanket immunity for state actors.
“The citizens of the state of Illinois have a right not to be libeled by their own government, which in this case, any state-owned public institution of higher education would be state-owned,” Rose said.
Under Senate Bill 1988, state-sponsored institutions of higher learning would be immune from lawsuits arising from expression made by public media at such institutions.
Rose asked Koehler what recourse or opportunity for retraction people would have if they were slandered by state-owned media on college campuses.
Koehler insisted his bill was a simple one.
“It just said that, in terms of media that are located at college campuses, they have protections of freedom of the press,” Koehler said.
Rose explained his concerns more than once.
“I have absolutely nothing against the rest of your bill and would be more than happy to vote for the rest of your bill, but we cannot grant blanket immunity against a libel suit for knowingly false information,” Rose said.
Rose said Illinois citizens have a right not to be libeled by their own government.
Koehler said college media have a right to freedom of expression.
“If someone wants to sue, you sue the media. You don’t sue the university,” Koehler said.
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“They are the university,” Rose said.
The measure is now in the Illinois House Judiciary Civil Committee.
