Prohibited expression

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The following types of expression by a student journalist are not protected activities under this subchapter:

  1. (1) School-sponsored media that are libelous, slanderous, or obscene, as defined by state law;

  2. (2) School-sponsored media that constitute an unwarranted invasion of privacy;

  3. (3) School-sponsored media that violate federal or state law;

  4. (4) School-sponsored media that constitute or incite students as to create:

    1. (A) An unlawful act or a clear and present danger of the commission of an unlawful act;

    2. (B) A violation of a policy of:

      1. (i) The public institution of higher education at which the activity is occurring; or

      2. (ii) The Division of Higher Education; or

    3. (C) A material and substantial disruption of the orderly operation of a public institution of higher education; or

  5. (5) School-sponsored media that involve the unauthorized use of the marks or logos of a public institution of higher education.


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