assembly Bill A9801B

2017-2018 Legislative Session

Relates to the enactment of the student journalist free speech act

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (5)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 11, 2018 print number 9801b
Jun 11, 2018 amend and recommit to education
Jun 01, 2018 print number 9801a
Jun 01, 2018 amend and recommit to education
Feb 09, 2018 referred to education

Co-Sponsors

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Multi-Sponsors

A9801 - Details

See Senate Version of this Bill:
S7721
Current Committee:
Assembly Education
Law Section:
Education Law
Laws Affected:
Add Art 18 §§860 - 864, Ed L
Versions Introduced in Other Legislative Sessions:
2019-2020: S1594, S2297
2021-2022: S2958
2023-2024: S647

A9801 - Summary

Enacts the student journalist free speech act to protect student speech at educational institutions unless such speech is libelous, an invasion of privacy, or incites students to commit an unlawful act, violate school policies, or to materially and substantially disrupt the orderly operation of the school.

A9801 - Bill Text download pdf


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

                                  9801

                          I N  A S S E M B L Y

                            February 9, 2018
                               ___________

Introduced  by M. of A. LUPARDO -- read once and referred to the Commit-
  tee on Education

AN ACT to amend the education law, in relation to enacting  the  student
  journalist free speech act

  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 article 18  to
read as follows:
                               ARTICLE 18
                   STUDENT JOURNALIST FREE SPEECH ACT
SECTION 860. SHORT TITLE.
        861. DEFINITIONS.
        862. STUDENT JOURNALIST FREE SPEECH RIGHTS.
        863. EXEMPTIONS.
        864. LIABILITY.
  §  860.  SHORT  TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS
THE "STUDENT JOURNALIST FREE SPEECH ACT".
  § 861. DEFINITIONS. FOR THE PURPOSES OF  THIS  ARTICLE  THE  FOLLOWING
TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  1.  "EDUCATIONAL  INSTITUTION"  MEANS  A PUBLIC OR PRIVATE EDUCATIONAL
INSTITUTION OR SEPARATE SCHOOL OR DEPARTMENT  OF  A  PUBLIC  OR  PRIVATE
EDUCATIONAL  INSTITUTION,  AND  INCLUDES:  AN  ACADEMY; AN ELEMENTARY OR
SECONDARY SCHOOL; AN EXTENSION COURSE; A KINDERGARTEN; A SCHOOL  SYSTEM;
A SCHOOL DISTRICT; AN INTERMEDIATE SCHOOL DISTRICT; A BUSINESS, NURSING,
PROFESSIONAL, SECRETARIAL, TECHNICAL, OR VOCATIONAL SCHOOL; A COLLEGE; A
UNIVERSITY;  A PUBLIC OR PRIVATE EDUCATIONAL TESTING SERVICE OR ADMINIS-
TRATOR; AND AN AGENT OF AN EDUCATIONAL INSTITUTION.  EDUCATIONAL  INSTI-
TUTION  SHALL  BE CONSTRUED BROADLY TO INCLUDE PUBLIC AND PRIVATE INSTI-
TUTIONS OF HIGHER EDUCATION  TO  THE  GREATEST  EXTENT  CONSISTENT  WITH
CONSTITUTIONAL LIMITATIONS.
  2.  "SCHOOL-SPONSORED  MEDIA"  MEANS  ANY  MATERIAL  THAT IS PREPARED,
SUBSTANTIALLY WRITTEN, PUBLISHED, OR BROADCAST BY A  STUDENT  JOURNALIST
AT  AN  EDUCATIONAL INSTITUTION, DISTRIBUTED OR GENERALLY MADE AVAILABLE
TO MEMBERS OF THE STUDENT BODY, AND PREPARED UNDER THE  DIRECTION  OF  A

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

Co-Sponsors

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Multi-Sponsors

A9801A - Details

See Senate Version of this Bill:
S7721
Current Committee:
Assembly Education
Law Section:
Education Law
Laws Affected:
Add Art 18 §§860 - 864, Ed L
Versions Introduced in Other Legislative Sessions:
2019-2020: S1594, S2297
2021-2022: S2958
2023-2024: S647

A9801A - Summary

Enacts the student journalist free speech act to protect student speech at educational institutions unless such speech is libelous, an invasion of privacy, or incites students to commit an unlawful act, violate school policies, or to materially and substantially disrupt the orderly operation of the school.

A9801A - Bill Text download pdf


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

                                 9801--A

                          I N  A S S E M B L Y

                            February 9, 2018
                               ___________

Introduced  by  M.  of  A.  LUPARDO,  NOLAN,  GLICK,  PALMESANO,  ROZIC,
  SEAWRIGHT,  MAGNARELLI,  D'URSO,  ARROYO,   JAFFEE,   SIMON,   GIGLIO,
  LAWRENCE,  L. ROSENTHAL, RIVERA, FAHY, GOTTFRIED -- Multi-Sponsored by
  -- M. of A. BUCHWALD, COOK, GALEF -- read once  and  referred  to  the
  Committee  on Education -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the education law, in relation to enacting  the  student
  journalist free speech act

  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 article 18  to
read as follows:
                               ARTICLE 18
                   STUDENT JOURNALIST FREE SPEECH ACT
SECTION 860. SHORT TITLE.
        861. DEFINITIONS.
        862. STUDENT JOURNALIST FREE SPEECH RIGHTS.
        863. EXEMPTIONS.
        864. LIABILITY.
  §  860.  SHORT  TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS
THE "STUDENT JOURNALIST FREE SPEECH ACT".
  § 861. DEFINITIONS. FOR THE PURPOSES OF  THIS  ARTICLE  THE  FOLLOWING
TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  1.  "EDUCATIONAL INSTITUTION" MEANS A PUBLIC OR CHARTER MIDDLE OR HIGH
SCHOOL.
  2. "SCHOOL-SPONSORED MEDIA"  MEANS  ANY  MATERIAL  THAT  IS  PREPARED,
SUBSTANTIALLY  WRITTEN,  PUBLISHED, OR BROADCAST BY A STUDENT JOURNALIST
AT AN EDUCATIONAL INSTITUTION, DISTRIBUTED OR GENERALLY  MADE  AVAILABLE
TO  MEMBERS  OF  THE STUDENT BODY, AND PREPARED UNDER THE DIRECTION OF A
STUDENT MEDIA ADVISOR. "SCHOOL-SPONSORED MEDIA" SHALL NOT INCLUDE  MEDIA
INTENDED  FOR  DISTRIBUTION  OR  TRANSMISSION SOLELY IN THE CLASSROOM IN
WHICH THE MEDIA IS PRODUCED.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14608-02-8

Co-Sponsors

view additional co-sponsors

Multi-Sponsors

A9801B (ACTIVE) - Details

See Senate Version of this Bill:
S7721
Current Committee:
Assembly Education
Law Section:
Education Law
Laws Affected:
Add Art 18 §§860 - 864, Ed L
Versions Introduced in Other Legislative Sessions:
2019-2020: S1594, S2297
2021-2022: S2958
2023-2024: S647

A9801B (ACTIVE) - Summary

Enacts the student journalist free speech act to protect student speech at educational institutions unless such speech is libelous, an invasion of privacy, or incites students to commit an unlawful act, violate school policies, or to materially and substantially disrupt the orderly operation of the school.

A9801B (ACTIVE) - Bill Text download pdf


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

                                 9801--B

                          I N  A S S E M B L Y

                            February 9, 2018
                               ___________

Introduced  by  M.  of  A.  LUPARDO,  NOLAN,  GLICK,  PALMESANO,  ROZIC,
  SEAWRIGHT,  MAGNARELLI,  D'URSO,  ARROYO,   JAFFEE,   SIMON,   GIGLIO,
  LAWRENCE,  L. ROSENTHAL, RIVERA, FAHY, GOTTFRIED -- Multi-Sponsored by
  -- M. of A. BUCHWALD, COOK, GALEF -- read once  and  referred  to  the
  Committee  on Education -- committee discharged, bill amended, ordered
  reprinted as amended  and  recommitted  to  said  committee  --  again
  reported  from  said  committee  with amendments, ordered reprinted as
  amended and recommitted to said committee

AN ACT to amend the education law, in relation to enacting  the  student
  journalist free speech act

  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 article 18  to
read as follows:
                               ARTICLE 18
                   STUDENT JOURNALIST FREE SPEECH ACT
SECTION 860. SHORT TITLE.
        861. DEFINITIONS.
        862. STUDENT JOURNALIST FREE SPEECH RIGHTS.
        863. EXEMPTIONS.
        864. LIABILITY.
  §  860.  SHORT  TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS
THE "STUDENT JOURNALIST FREE SPEECH ACT".
  § 861. DEFINITIONS. FOR THE PURPOSES OF  THIS  ARTICLE  THE  FOLLOWING
TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  1. "EDUCATIONAL INSTITUTION" MEANS A PUBLIC, PRIVATE OR CHARTER MIDDLE
OR HIGH SCHOOL.
  2. "SCHOOL-SPONSORED MEDIA" MEANS ANY MATERIAL THAT IS PREPARED, WRIT-
TEN,  PUBLISHED,  OR BROADCAST BY A STUDENT JOURNALIST AT AN EDUCATIONAL
INSTITUTION, DISTRIBUTED OR GENERALLY MADE AVAILABLE TO MEMBERS  OF  THE
STUDENT  BODY, AND PREPARED UNDER THE DIRECTION OF A STUDENT MEDIA ADVI-
SOR. "SCHOOL-SPONSORED MEDIA"  SHALL  NOT  INCLUDE  MEDIA  INTENDED  FOR
DISTRIBUTION  OR TRANSMISSION SOLELY IN THE CLASSROOM IN WHICH THE MEDIA
IS PRODUCED.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets