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Assembly Bill A9874

2009-2010 Legislative Session

Relates to freedom of speech

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Archive: Last Bill Status - In Assembly Committee

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2009-A9874 (ACTIVE) - Details

Current Committee:
Assembly Judiciary
Law Section:
Constitution, Concurrent Resolutions to Amend
Laws Affected:
Amd Art 1 ยง8, Constn

2009-A9874 (ACTIVE) - Summary

Relates to freedom of speech.

2009-A9874 (ACTIVE) - Sponsor Memo

2009-A9874 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  9874

                          I N  A S S E M B L Y

                            February 5, 2010
                               ___________

Introduced  by M. of A. BRODSKY -- read once and referred to the Commit-
  tee on Governmental Operations

            CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY

proposing an amendment to article one of the constitution,  in  relation
  to freedom of speech

  Section  1.  Resolved  (if  the  Senate concur), That section eight of
article one of the constitution be amended to read as follows:
  S 8. Every citizen may freely speak, write  and  publish  his  or  her
sentiments  on  all  subjects,  being  responsible for the abuse of that
right; [and no] AND EVERY  CITIZEN  MAY  EXERCISE  THIS  RIGHT,  AND  BE
SUBJECT  TO  THIS RESPONSIBILITY, IN ANY PLACE WHICH HAS BY TRADITION OR
DESIGNATION BEEN USED FOR ASSEMBLY, DEBATE OR EXPRESSION, INCLUDING  BUT
NOT LIMITED TO AREAS SHARED IN COMMON BY COMMERCIAL ENTERPRISES GENERAL-
LY OPEN TO THE PUBLIC. NO law shall be passed to restrain or abridge the
liberty  of  speech or of the press, AND THE LEGISLATURE MAY CREATE SUCH
PROGRAMS OR SET SUCH REQUIREMENTS AS MAY PROVIDE EQUAL  ACCESS  FOR  ALL
PERSONS  TO  THE  INSTRUMENTALITY  OF FREE EXPRESSION.   In all criminal
prosecutions or indictments for  libels,  the  truth  may  be  given  in
evidence to the jury; and if it shall appear to the jury that the matter
charged as libelous is true, and was published with good motives and for
justifiable  ends, the party shall be acquitted; and the jury shall have
the right to determine the law and the fact.
  S 2. Resolved (if the Senate concur), That the foregoing amendment  be
referred  to  the  first regular legislative session convening after the
next succeeding general election of members of  the  assembly,  and,  in
conformity  with section one of article nineteen of the constitution, be
published for three months previous to the time of such election.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD89174-01-0

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