S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4066--A
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 1, 2017
                                ___________
 
 Introduced by M. of A. PAULIN -- read once and referred to the Committee
   on  Higher  Education  --  committee discharged, bill amended, ordered
   reprinted as amended and recommitted to said committee
 
 AN ACT to amend the education law, in  relation  to  the  right  to  use
   campus for free speech activities

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The education law is amended by adding a new section 6438-a
 to read as follows:
   § 6438-A. RIGHT TO USE CAMPUS FOR FREE SPEECH ACTIVITIES. 1.   EXPRES-
 SIVE  ACTIVITIES PROTECTED UNDER THE PROVISIONS OF THIS SECTION INCLUDE,
 BUT ARE NOT LIMITED  TO,  ALL  FORMS  OF  PEACEFUL  ASSEMBLY,  PROTESTS,
 SPEECHES,  DISTRIBUTION  OF  LITERATURE, CARRYING SIGNS, AND CIRCULATING
 PETITIONS.
   2. THE OUTDOOR AREAS OF COLLEGE CAMPUSES COVERED BY THIS ARTICLE SHALL
 BE DEEMED TRADITIONAL PUBLIC FORUMS. A COLLEGE MAY MAINTAIN AND  ENFORCE
 REASONABLE  TIME,  PLACE,  AND  MANNER  RESTRICTIONS  THAT  ARE NARROWLY
 TAILORED AND IN SERVICE OF A  SIGNIFICANT  INSTITUTIONAL  INTEREST  ONLY
 WHEN  SUCH  RESTRICTIONS EMPLOY CLEAR, PUBLISHED, CONTENT AND VIEWPOINT-
 NEUTRAL CRITERIA AND PROVIDE FOR AMPLE ALTERNATIVE MEANS OF  EXPRESSION.
 ANY SUCH RESTRICTIONS MUST ALLOW FOR MEMBERS OF THE UNIVERSITY COMMUNITY
 TO  SPONTANEOUSLY AND CONTEMPORANEOUSLY DISTRIBUTE LITERATURE AND ASSEM-
 BLE.
   3. ANY PERSON WHO WISHES TO ENGAGE IN NONCOMMERCIAL EXPRESSIVE  ACTIV-
 ITY  ON  CAMPUS  SHALL  BE  PERMITTED  TO DO SO FREELY, AS LONG AS THEIR
 CONDUCT IS NOT  UNLAWFUL  AND  DOES  NOT  MATERIALLY  AND  SUBSTANTIALLY
 DISRUPT  THE FUNCTIONING OF THE INSTITUTION, SUBJECT TO THE REQUIREMENTS
 OF SUBDIVISION TWO OF THIS SECTION. NOTHING IN THIS SECTION  GRANTS  ANY
 PERSON  THE RIGHT TO MATERIALLY DISRUPT PREVIOUSLY SCHEDULED OR RESERVED
 ACTIVITIES IN A PORTION OR SECTION OF THE CAMPUS AT THAT SCHEDULED TIME.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08624-02-7
              

 A. 4066--A                          2
 
   4. NOTHING IN THIS SECTION SHALL BE INTERPRETED AS LIMITING THE  RIGHT
 OF STUDENT EXPRESSION ELSEWHERE ON CAMPUS.
   5. A. THE ATTORNEY GENERAL MAY BRING AN ACTION IN A COURT OF COMPETENT
 JURISDICTION TO ENJOIN A VIOLATION OF THIS SECTION.
   B. PERSONS WHOSE EXPRESSIVE RIGHTS WERE VIOLATED THROUGH THE VIOLATION
 OF THIS SECTION MAY BRING AN ACTION IN A COURT OF COMPETENT JURISDICTION
 TO  ENJOIN  A  VIOLATION  OF  THIS  SECTION  AND TO RECOVER COMPENSATORY
 DAMAGES, REASONABLE COURT COSTS,  AND  ATTORNEYS'  FEES.  IN  AN  ACTION
 BROUGHT  PURSUANT  TO  THIS PARAGRAPH, IF THE COURT FINDS A VIOLATION OF
 THIS SECTION, THE COURT SHALL AWARD AN AGGRIEVED PERSON  DAMAGES  OF  NO
 LESS  THAN  FIVE  HUNDRED  DOLLARS FOR THE INITIAL VIOLATION, PLUS FIFTY
 DOLLARS FOR EACH DAY THE VIOLATION REMAINS ONGOING, WHICH  SHALL  ACCRUE
 STARTING  ON THE DAY AFTER THE COMPLAINT IS SERVED ON THE INSTITUTION OF
 HIGHER EDUCATION. THE TOTAL DAMAGES, EXCLUDING COURT  COSTS  AND  ATTOR-
 NEY'S  FEES, AVAILABLE TO A PLAINTIFF OR SET OF PLAINTIFFS, IN A CASE OR
 CASES STEMMING FROM A SINGLE CONTROVERSY SHALL NOT  EXCEED  TWO  HUNDRED
 FIFTY  THOUSAND  DOLLARS IN TOTAL. IN VIOLATIONS HARMING MULTIPLE PLAIN-
 TIFFS, THE COURT SHALL DIVIDE THE DAMAGES EQUALLY AMONG THEM  UNTIL  THE
 MAXIMUM AWARD IS EXHAUSTED, IF APPLICABLE.
   C. A VIOLATION OF THIS SECTION IS ESTABLISHED BY DEMONSTRATING THAT AN
 INSTITUTION  SUBJECT  TO  THIS  SECTION MAINTAINS A POLICY THAT DOES NOT
 CONFORM WITH THE REQUIREMENT HEREIN OR BY DEMONSTRATING THAT AN INSTITU-
 TION, BY AN ACTION OF ONE OF ITS AGENTS OR BY THE ENFORCEMENT OF A POLI-
 CY, VIOLATED THE FREE SPEECH RIGHTS GUARANTEED UNDER THIS SECTION.
   D. A PERSON MUST BRING SUIT FOR A VIOLATION OF THIS SECTION NOT  LATER
 THAN ONE YEAR AFTER THE DAY THE CAUSE OF ACTION ACCRUES. FOR PURPOSES OF
 CALCULATING  THE ONE-YEAR LIMITATION PERIOD, EACH DAY THAT THE VIOLATION
 OF THIS SECTION PERSISTS, AND EACH DAY THAT A  POLICY  IN  VIOLATION  OF
 THIS SECTION REMAINS IN EFFECT, SHALL CONSTITUTE A NEW VIOLATION OF THIS
 SECTION AND, THEREFORE, A NEW DAY THAT THE CAUSE OF ACTION HAS ACCRUED.
   § 2. This act shall take effect immediately.