NY State Senate Bill 2017-S6126A

Archive: Last Bill Status - In Senate Committee Higher Education Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to higher education
Jun 07, 2017	print number 6126a
Jun 07, 2017	amend and recommit to higher education
May 11, 2017	referred to higher education

Bill Amendments

Original

A (Active)

2017-S6126 - Details

See Assembly Version of this Bill:: A4066
Current Committee:: Senate Higher Education
Law Section:: Education Law
Laws Affected:: Add §6438-a, Ed L
Versions Introduced in 2019-2020 Legislative Session:: A1145

2017-S6126 - Summary

Relates to right to use campus for free speech activities.

2017-S6126 - Sponsor Memo

                                 BILL NUMBER:  S6126

 TITLE OF BILL :  An act to amend the education law, in relation to
the right to use campus for free speech activities

 PURPOSE :

To ensure that free speech activities are protected on college
campuses.

 SUMMARY OF PROVISIONS :

Section one amends the education law to add a new section 6438-a,
which provides a right to use a college campus for free speech
activities. Specifically, it provides that the outdoor areas of
campuses shall be deemed traditional public forums and that a college
may maintain reasonable time, place, and manner restrictions in
service of a significant institutional interest only when such
restrictions employ clear, published, content and viewpoint-neutral
criteria and provide ample alternative means of expression. Any person
who wishes to engage in noncommercial speech 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. This section does not grant any person the right to
materially disrupt previously scheduled or reserved activities in a
portion or section of the campus at a scheduled time. Section one also

provides that the attorney general or county attorney having
jurisdiction may bring an action in court to enjoin violation of this
section, and that persons whose rights were violated may bring an
action to enjoin violation of this section and for damages. In such an
action, the court shall award not less than five hundred dollars and
an additional fifty dollars per day for each day the violation is
ongoing, accruing from the date the complaint is served on the
institution of higher education. Total damages are capped at two
hundred fifty thousand dollars. Lastly, this section provides that a
suit for violation must be brought within one year after the day the
cause of action accrues.

Section two provides the effective date.

 JUSTIFICATION :

The purpose of higher education is to encourage unfettered inquiry and
discussion. In a well-intentioned effort to protect certain students,
colleges have developed policies that actually limit the right of free
expression on campuses. Speakers have been shouted down, or prohibited
from speaking on campus because they represent an unpopular
perspective. Programs that are politically unpopular have been
cancelled or students who represent a differing opinion have been
prohibited from attending certain events.

For example, a screening of a documentary film about the Israeli
Defense Forces hosted by a pro-Israel student group at the University
of California Irvine was disrupted by aggressive protests by a
pro-Palestinian student group and had to be cancelled due to safety
concerns. Pro-Israel speakers, and speakers on other topics deemed
controversial by colleges or student groups, have been barred from,
speaking on campuses altogether. In response to the increasing number
of these types of incidents, the City University of New York has
recently issued a draft policy to protect free speech on its campuses.

This legislation will ensure that free speech is protected on
campuses, as long as it does not materially and substantially disrupt
the functioning of the institution. Outdoor areas of campuses are
designated as traditional public forums, where speech activities must
be allowed, subject to reasonable time, place, and manner
restrictions. This serves to protect free speech, while still
retaining the ability of a college to make reasonable restrictions
necessary for the functioning of the institution.

It is critical that our college campuses remain open to all
viewpoints, and that speech is not suppressed simply because it is
unpopular, or out of concern that certain students may find it
upsetting. Our institutions of higher learning must serve as centers
for the free exchange of ideas.

 LEGISLATIVE HISTORY :

This is a new bill.

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect immediately.

2017-S6126 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6126
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               May 11, 2017
                                ___________
 
 Introduced  by  Sen.  MURPHY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Higher Education
 
 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.
   4. NOTHING IN THIS SECTION SHALL BE INTERPRETED AS LIMITING THE  RIGHT
 OF STUDENT EXPRESSION ELSEWHERE ON CAMPUS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD08624-03-7

 S. 6126                             2
 
   5.  A. THE ATTORNEY GENERAL OR COUNTY ATTORNEY HAVING JURISDICTION 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.

2017-S6126A (ACTIVE) - Details

See Assembly Version of this Bill:: A4066
Current Committee:: Senate Higher Education
Law Section:: Education Law
Laws Affected:: Add §6438-a, Ed L
Versions Introduced in 2019-2020 Legislative Session:: A1145

2017-S6126A (ACTIVE) - Summary

Relates to right to use campus for free speech activities.

2017-S6126A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S6126A

 TITLE OF BILL :  An act to amend the education law, in relation to
the right to use campus for free speech activities

 PURPOSE :

To ensure that free speech activities are protected on college
campuses.

 SUMMARY OF PROVISIONS :

Section one amends the education law to add a new section 6438-a,
which provides a right to use a college campus for free speech
activities. Specifically, it provides that the outdoor areas of
campuses shall be deemed traditional public forums and that a college
may maintain reasonable time, place, and manner restrictions in
service of a significant institutional interest only when such
restrictions employ clear, published, content and viewpoint-neutral
criteria and provide ample alternative means of expression. Any person
who wishes to engage in noncommercial speech 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. This section does not grant any person the right to
materially disrupt previously scheduled or reserved activities in a
portion or section of the campus at a scheduled time. Section one also

provides that the attorney general may bring an action in court to
enjoin violation of this section, and that persons whose rights were
violated may bring an action to enjoin violation of this section and
for damages. In such an action, the court shall award not less than
five hundred dollars and an additional fifty dollars per day for each
day the violation is ongoing, accruing from the date the complaint is
served on the institution of higher education. Total damages are
capped at two hundred fifty thousand dollars. Lastly, this section
provides that a suit for violation must be brought within one year
after the day the cause of action accrues.

Section two provides the effective date.

 JUSTIFICATION :

The purpose of higher education is to encourage unfettered inquiry and
discussion. In a well-intentioned effort to protect certain students,
colleges have developed policies that actually limit the right of free
expression on campuses. Speakers have been shouted down, or prohibited
from speaking on campus because they represent an unpopular
perspective. Programs that are politically unpopular have been
cancelled or students who represent a differing opinion have been
prohibited from attending certain events.

For example, a screening of a documentary film about the Israeli
Defense Forces hosted by a pro-Israel student group at the University
of California Irvine was disrupted by aggressive protests by a
pro-Palestinian student group and had to be cancelled due to safety
concerns. Pro-Israel speakers, and speakers on other topics deemed
controversial by colleges or student groups, have been barred from,
speaking on campuses altogether. In response to the increasing number
of these types of incidents, the City University of New York has
recently issued a draft policy to protect free speech on its campuses.

This legislation will ensure that free speech is protected on
campuses, as long as it does not materially and substantially disrupt
the functioning of the institution. Outdoor areas of campuses are
designated as traditional public forums, where speech activities must
be allowed, subject to reasonable time, place, and manner
restrictions. This serves to protect free speech, while still
retaining the ability of a college to make reasonable restrictions
necessary for the functioning of the institution.

It is critical that our college campuses remain open to all
viewpoints, and that speech is not suppressed simply because it is
unpopular, or out of concern that certain students may find it
upsetting. Our institutions of higher learning must serve as centers
for the free exchange of ideas.

 LEGISLATIVE HISTORY :

This is a new bill.

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect immediately.

2017-S6126A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6126--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               May 11, 2017
                                ___________
 
 Introduced  by  Sen.  MURPHY -- read twice and ordered printed, and when
   printed to be committed  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.

                                                            LBD08624-04-7

 S. 6126--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.

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Senate Bill S6126A

Sponsored By

Archive: Last Bill Status - In Senate Committee Higher Education Committee

Bill Amendments

2017-S6126 - Details

2017-S6126 - Summary

2017-S6126 - Sponsor Memo

2017-S6126 - Bill Text download pdf

2017-S6126A (ACTIVE) - Details

2017-S6126A (ACTIVE) - Summary

2017-S6126A (ACTIVE) - Sponsor Memo

2017-S6126A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S6126A

Share this bill

Sponsored By

Terrence Murphy

Archive: Last Bill Status - In Senate Committee Higher Education Committee

Bill Amendments

2017-S6126 - Details

2017-S6126 - Summary

2017-S6126 - Sponsor Memo

2017-S6126 - Bill Text download pdf

2017-S6126A (ACTIVE) - Details

2017-S6126A (ACTIVE) - Summary

2017-S6126A (ACTIVE) - Sponsor Memo

2017-S6126A (ACTIVE) - Bill Text download pdf

Comments