§ 1623. Freedom of expression
(a)(1) The General Assembly finds that freedom of expression and freedom of the press are
fundamental principles in our democratic society granted to every citizen of the nation
by the First Amendment to the U.S. Constitution and to every resident of this State by Chapter I, Article 13 of the Vermont Constitution.
(2) These freedoms provide all citizens, including students, with the right to engage
in robust and uninhibited discussion of issues.
(3) The General Assembly intends to ensure free speech and free press protections for
both public school students and students at public institutions of higher education
in this State in order to encourage students to become educated, informed, and responsible
members of society.
(b) As used in this chapter:
(1) “Media adviser” means an individual employed, appointed, or designated by a school
or its governing body to supervise or provide instruction relating to school-sponsored
media.
(2) “School” means a public school operating in the State.
(3) “School-sponsored media” means any material that is prepared, written, published,
or broadcast as part of a school-supported program or activity by a student journalist
and is distributed or generally made available as part of a school-supported program
or activity to an audience beyond the classroom in which the material is produced.
(4) “Student journalist” means a student enrolled at a school who gathers, compiles, writes,
edits, photographs, records, or prepares information for dissemination in school-sponsored
media.
(5) “Student supervisor” is a student who is responsible for editing school-sponsored
media.
(c)(1) Subject to subsection (e) of this section, a student journalist may exercise freedom
of speech and freedom of the press in school-sponsored media.
(2) Subdivision (1) of this subsection shall not be construed to be limited by the fact
that the school-sponsored media are:
(A) supported financially by a school or its governing body, or by use of facilities owned
by the school; or
(B) produced in conjunction with a class in which the student journalist is enrolled.
(d)(1) Subject to subsection (e) of this section, the student supervisors of school-sponsored
media are responsible for determining the content of their respective media.
(2) Subject to subdivision (1) of this subsection, a media adviser may teach professional
standards of English and journalism to student journalists.
(e) This section shall not be construed to authorize or protect content of school-sponsored
media that:
(1) is libelous or slanderous;
(2) constitutes an unwarranted invasion of privacy;
(3) may be defined as obscene, gratuitously profane, threatening, or intimidating;
(4) may be defined as harassment, hazing, or bullying under section 11 of this title;
(5) violates federal or State law; or
(6) creates the imminent danger of materially or substantially disrupting the ability
of the school to perform its educational mission.
(f) A school is prohibited from subjecting school-sponsored media, other than that listed
in subsection (e) of this section, to prior restraint. A school may restrain the distribution
of content in student media described in subsection (e), provided that the school’s
administration shall have the burden of providing lawful justification without undue
delay. Content shall not be suppressed solely because it involves political or controversial
subject matter or is critical of the school or its administration.
(g) A student journalist may not be disciplined for acting in accordance with this section.
(h) A media adviser may not be dismissed, suspended, disciplined, reassigned, or transferred
for:
(1) taking reasonable and appropriate action to protect a student journalist for engaging
in conduct protected by this section; or
(2) refusing to infringe on conduct that is protected by this section, by the first amendment to the U.S. Constitution, or by the Vermont Constitution.
(i) Each school or its governing body shall adopt a written policy consistent with the
provisions of this section.
(j) No expression made by students in school-sponsored media shall be deemed to be an
expression of school policy. (Added 2017, No. 49, § 46, eff. May 23, 2017; amended 2019, No. 131 (Adj. Sess.), § 79.)
§ 1624. School library material selection policy
(a) Each school board and each approved independent school shall develop, adopt, ensure
the enforcement of, and make available in the manner described under subdivision 563(1) of this title a library material selection policy. Each superintendent and head of school of an
approved independent school shall develop and implement procedures for the reconsideration
and retention of materials. The policy and procedures shall affirm the importance
of intellectual freedom and be guided by the First Amendment to the U.S. Constitution, the Civil Rights Act of 1964, Vermont laws prohibiting discrimination in places
of public accommodation, the 2004 American Library Association’s Freedom to Read Statement,
the 2024 Vermont Freedom to Read Statement, and reflect Vermont’s diverse people and
history, including diversity of race, ethnicity, sex, gender identity, sexual orientation,
disability status, religion, and political beliefs.
(b) In order to ensure a student’s First Amendment rights are protected and all students’
identities are affirmed and dignity respected, the policy and procedures required
under subsection (a) of this section shall prohibit the removal of school library
materials for the following reasons:
(1) partisan approval or disapproval;
(2) the author’s race, nationality, gender identity, sexual orientation, political views,
or religious views;
(3) school board members’ or members of the public’s discomfort, personal morality, political
views, or religious views;
(4) the author’s point of view concerning the problems and issues of our time, whether
international, national, or local;
(5) the race, nationality, gender identity, sexual orientation, political views, or religious
views of the protagonist or other characters; or
(6) content related to sexual health that addresses physical, mental, emotional, or social
dimensions of human sexuality, including puberty, sex, and relationships.
(c) The policy and procedures required under subsection (a) of this section shall ensure
that school library staff are responsible for curating and developing collections
that provide students with access to a wide array of materials that are relevant to
students’ research, independent reading interests, and educational needs, as well
as ensuring such materials are tailored to the cognitive and emotional levels of the
children served by the school. (Added 2023, No. 150 (Adj. Sess.), § 7a, eff. July 1, 2025; amended 2025, No. 72, § 15, eff. June 27, 2025.)