The measure died in committee in 1989 and was blocked by the Senate's Republican majority in 1993 before Cowlishaw reintroduced it this year. The Yeo decision held that student newspapers do not have the right to refuse advertisements because the court concluded the newspaper to be a state actor. ISMA feared that this could mean Illinois schools would face greater liability concerns if the bill was signed. ISMA recommended that the bill at least be delayed until the Yeo case is reheard this fall. Cowlishaw said that despite what looked like tremendous support from both the House and Senate for the bill, she was still unsure of the chances that they could successfully override the veto.
Support is very wide, but it's no thicker than a thin sheet of ice.
In Illinois, it requires a three-fifths vote in the House and the Senate to override. Cowlishaw said late October is the deadline to decide whether to file a motion to override. Cowlishaw said whether the answer is with a veto override or with introduction of a new bill next session, she is not ready to give up. The bill would have created stronger free press protections than Illinois students have had since the Supreme Court's 1988 Hazelwood School District v. Kuhlmeier decision. Cowlishaw became involved in the development of the Illinois Student Publications Act when a high school in her district suffered from an incident of censorship.