NY State Assembly Bill A9801B

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

Bill Amendments

Original

B (Active)

Original

B (Active)

Co-Sponsors

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

                      [ ] is old law to be omitted.
                                                           LBD14608-01-8

A. 9801                             2

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.
  3.  "STUDENT  JOURNALIST"  MEANS  A STUDENT ENROLLED IN AN EDUCATIONAL
INSTITUTION WHO GATHERS, COMPILES, WRITES, EDITS, PHOTOGRAPHS,  RECORDS,
OR PREPARES INFORMATION FOR DISSEMINATION IN SCHOOL-SPONSORED MEDIA.
  4. "STUDENT MEDIA ADVISOR" MEANS AN INDIVIDUAL EMPLOYED, APPOINTED, OR
DESIGNATED  BY  AN  EDUCATIONAL  INSTITUTION  TO  SUPERVISE  OR  PROVIDE
INSTRUCTION RELATING TO SCHOOL-SPONSORED MEDIA.
  § 862. STUDENT JOURNALIST FREE SPEECH RIGHTS.  1. EXCEPT AS  OTHERWISE
PROVIDED IN SECTION EIGHT HUNDRED SIXTY-THREE OF THIS ARTICLE, A STUDENT
JOURNALIST SHALL HAVE THE RIGHT TO EXERCISE FREE SPEECH AND OF THE PRESS
IN  SCHOOL-SPONSORED MEDIA, REGARDLESS OF WHETHER THE MEDIA IS SUPPORTED
FINANCIALLY BY THE EDUCATIONAL INSTITUTION OR BY USE OF  THE  FACILITIES
OF AN EDUCATIONAL INSTITUTION OR PRODUCED IN CONJUNCTION WITH A CLASS IN
WHICH THE STUDENT IS ENROLLED.
  2.  SUBJECT  TO SECTION EIGHT HUNDRED SIXTY-THREE OF THIS ARTICLE, THE
APPROPRIATE STUDENT JOURNALIST SHALL BE RESPONSIBLE FOR DETERMINING  THE
NEWS,  OPINION,  FEATURE,  AND  ADVERTISING  CONTENT OF SCHOOL-SPONSORED
MEDIA.
  3. NOTHING IN THIS SECTION SHALL PRECLUDE A STUDENT MEDIA ADVISOR FROM
TEACHING PROFESSIONAL STANDARDS OF ENGLISH  AND  JOURNALISM  TO  STUDENT
JOURNALISTS.
  4. THERE SHALL BE NO PRIOR RESTRAINT OF MATERIAL PREPARED FOR OFFICIAL
PUBLICATIONS  OF  AN  EDUCATIONAL  INSTITUTION  EXCEPT  FOR THE MATERIAL
DESCRIBED IN SECTION EIGHT HUNDRED SIXTY-THREE OF THIS ARTICLE.
  5. EDUCATIONAL INSTITUTION ADMINISTRATORS SHALL  HAVE  THE  BURDEN  OF
DEMONSTRATING JUSTIFICATION WITHOUT UNDUE DELAY PRIOR TO A LIMITATION OF
STUDENT EXPRESSION UNDER THIS ARTICLE.
  §  863.  EXEMPTIONS.  THE  FOLLOWING  FORMS OF EXPRESSION SHALL NOT BE
PROTECTED BY THIS ARTICLE:
  1. EXPRESSION THAT IS LIBELOUS, SLANDEROUS OR OBSCENE;
  2. EXPRESSION THAT CONSTITUTES AN UNWARRANTED INVASION OF PRIVACY;
  3. EXPRESSION THAT VIOLATES FEDERAL OR STATE LAW; OR
  4. EXPRESSION THAT INCITES STUDENTS TO  COMMIT  AN  UNLAWFUL  ACT,  TO
VIOLATE  THE  POLICIES  OF THE EDUCATIONAL INSTITUTION, OR TO MATERIALLY
AND SUBSTANTIALLY DISRUPT THE  ORDERLY  OPERATION  OF  SUCH  EDUCATIONAL
INSTITUTION.
  §  864.  LIABILITY.  NO EXPRESSION MADE BY STUDENTS IN THE EXERCISE OF
FREE SPEECH OR FREEDOM OF THE PRESS PROTECTED BY THIS ARTICLE  SHALL  BE
DEEMED TO BE AN EXPRESSION OF POLICY OF THE EDUCATIONAL INSTITUTION, AND
NO EDUCATIONAL INSTITUTION, EMPLOYEE, PARENT, LEGAL GUARDIAN OR ADMINIS-
TRATOR  OF  AN EDUCATIONAL INSTITUTION SHALL BE HELD LIABLE IN ANY CIVIL
OR CRIMINAL ACTION FOR ANY EXPRESSION MADE  OR  PUBLISHED  BY  STUDENTS,
EXCEPT IN CASES OF WILLFUL OR WANTON MISCONDUCT.
  § 2. This act shall take effect immediately.

Co-Sponsors

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

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

A. 9801--A                          2

  3. "STUDENT JOURNALIST" MEANS A STUDENT  ENROLLED  IN  AN  EDUCATIONAL
INSTITUTION  WHO GATHERS, COMPILES, WRITES, EDITS, PHOTOGRAPHS, RECORDS,
OR PREPARES INFORMATION FOR DISSEMINATION IN SCHOOL-SPONSORED MEDIA.
  4. "STUDENT MEDIA ADVISOR" MEANS AN INDIVIDUAL EMPLOYED, APPOINTED, OR
DESIGNATED  BY  AN  EDUCATIONAL  INSTITUTION  TO  SUPERVISE  OR  PROVIDE
INSTRUCTION RELATING TO SCHOOL-SPONSORED MEDIA.
  § 862. STUDENT JOURNALIST FREE SPEECH RIGHTS.  1. EXCEPT AS  OTHERWISE
PROVIDED IN SECTION EIGHT HUNDRED SIXTY-THREE OF THIS ARTICLE, A STUDENT
JOURNALIST SHALL HAVE THE RIGHT TO EXERCISE FREE SPEECH AND OF THE PRESS
IN  SCHOOL-SPONSORED MEDIA, REGARDLESS OF WHETHER THE MEDIA IS SUPPORTED
FINANCIALLY BY THE EDUCATIONAL INSTITUTION OR BY USE OF  THE  FACILITIES
OF AN EDUCATIONAL INSTITUTION OR PRODUCED IN CONJUNCTION WITH A CLASS IN
WHICH THE STUDENT IS ENROLLED.
  2.  SUBJECT  TO SECTION EIGHT HUNDRED SIXTY-THREE OF THIS ARTICLE, THE
APPROPRIATE STUDENT JOURNALIST SHALL BE RESPONSIBLE FOR DETERMINING  THE
NEWS,  OPINION,  FEATURE,  AND  ADVERTISING  CONTENT OF SCHOOL-SPONSORED
MEDIA.
  3. NOTHING IN THIS SECTION SHALL PRECLUDE A STUDENT MEDIA ADVISOR FROM
TEACHING PROFESSIONAL STANDARDS OF ENGLISH  AND  JOURNALISM  TO  STUDENT
JOURNALISTS.
  4. THERE SHALL BE NO PRIOR RESTRAINT OF MATERIAL PREPARED FOR OFFICIAL
PUBLICATIONS  OF  AN  EDUCATIONAL  INSTITUTION  EXCEPT  FOR THE MATERIAL
DESCRIBED IN SECTION EIGHT HUNDRED SIXTY-THREE OF THIS ARTICLE.
  5. EDUCATIONAL INSTITUTION ADMINISTRATORS SHALL  HAVE  THE  BURDEN  OF
DEMONSTRATING JUSTIFICATION WITHOUT UNDUE DELAY PRIOR TO A LIMITATION OF
STUDENT EXPRESSION UNDER THIS ARTICLE.
  6.  NO  STUDENT  MEDIA  ADVISOR  OR  EMPLOYEE SHALL BE TERMINATED FROM
EMPLOYMENT, TRANSFERRED, OR RELIEVED OF HIS OR HER DUTIES AS DEFINED  IN
SUBDIVISION  FOUR OF SECTION EIGHT HUNDRED SIXTY-ONE OF THIS ARTICLE FOR
REFUSAL TO ABRIDGE OR INFRINGE UPON THE RIGHT TO FREEDOM  OF  EXPRESSION
CONFERRED BY THIS ACT.
  7.  POLITICAL  EXPRESSION  BY STUDENTS IN SCHOOL-SPONSORED MEDIA SHALL
NOT BE DEEMED THE USE OF PUBLIC FUNDS FOR POLITICAL PURPOSES.
  § 863. EXEMPTIONS. THE FOLLOWING FORMS  OF  EXPRESSION  SHALL  NOT  BE
PROTECTED BY THIS ARTICLE:
  1. EXPRESSION THAT IS LIBELOUS, SLANDEROUS OR OBSCENE;
  2. EXPRESSION THAT CONSTITUTES AN UNWARRANTED INVASION OF PRIVACY;
  3. EXPRESSION THAT VIOLATES FEDERAL OR STATE LAW; OR
  4.  EXPRESSION  THAT  INCITES  STUDENTS  TO COMMIT AN UNLAWFUL ACT, TO
VIOLATE THE POLICIES OF THE EDUCATIONAL INSTITUTION,  OR  TO  MATERIALLY
AND  SUBSTANTIALLY  DISRUPT  THE  ORDERLY  OPERATION OF SUCH EDUCATIONAL
INSTITUTION.
  § 864. LIABILITY. NO EXPRESSION MADE BY STUDENTS IN  THE  EXERCISE  OF
FREE  SPEECH  OR FREEDOM OF THE PRESS PROTECTED BY THIS ARTICLE SHALL BE
DEEMED TO BE AN EXPRESSION OF POLICY OF THE EDUCATIONAL INSTITUTION, AND
NO EDUCATIONAL INSTITUTION, EMPLOYEE, PARENT, LEGAL GUARDIAN OR ADMINIS-
TRATOR OF AN EDUCATIONAL INSTITUTION SHALL BE HELD LIABLE IN  ANY  CIVIL
OR  CRIMINAL  ACTION  FOR  ANY EXPRESSION MADE OR PUBLISHED BY STUDENTS,
EXCEPT IN CASES OF WILLFUL OR WANTON MISCONDUCT.
  § 2. This act shall take effect immediately.

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

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

                      [ ] is old law to be omitted.
                                                           LBD14608-04-8

A. 9801--B                          2

  3. "STUDENT JOURNALIST" MEANS A STUDENT  ENROLLED  IN  AN  EDUCATIONAL
INSTITUTION  WHO GATHERS, COMPILES, WRITES, EDITS, PHOTOGRAPHS, RECORDS,
OR PREPARES INFORMATION FOR DISSEMINATION IN SCHOOL-SPONSORED MEDIA.
  4. "STUDENT MEDIA ADVISOR" MEANS AN INDIVIDUAL EMPLOYED, APPOINTED, OR
DESIGNATED  BY  AN  EDUCATIONAL  INSTITUTION  TO  SUPERVISE  OR  PROVIDE
INSTRUCTION RELATING TO SCHOOL-SPONSORED MEDIA.
  § 862. STUDENT JOURNALIST FREE SPEECH RIGHTS.  1. EXCEPT AS  OTHERWISE
PROVIDED IN SECTION EIGHT HUNDRED SIXTY-THREE OF THIS ARTICLE, A STUDENT
JOURNALIST SHALL HAVE THE RIGHT TO EXERCISE FREE SPEECH AND OF THE PRESS
IN  SCHOOL-SPONSORED MEDIA, REGARDLESS OF WHETHER THE MEDIA IS SUPPORTED
FINANCIALLY BY THE EDUCATIONAL INSTITUTION OR BY USE OF  THE  FACILITIES
OF AN EDUCATIONAL INSTITUTION OR PRODUCED IN CONJUNCTION WITH A CLASS IN
WHICH THE STUDENT IS ENROLLED.
  2.  SUBJECT  TO SECTION EIGHT HUNDRED SIXTY-THREE OF THIS ARTICLE, THE
APPROPRIATE STUDENT JOURNALIST SHALL BE RESPONSIBLE FOR DETERMINING  THE
NEWS, OPINION, AND FEATURE CONTENT OF SCHOOL-SPONSORED MEDIA.
  3. NOTHING IN THIS SECTION SHALL PRECLUDE A STUDENT MEDIA ADVISOR FROM
TEACHING  PROFESSIONAL  STANDARDS  OF  ENGLISH AND JOURNALISM TO STUDENT
JOURNALISTS OR FROM GRADING THE PERFORMANCE OF A STUDENT  IN  ACCORDANCE
WITH SUCH STANDARDS.
  4. THERE SHALL BE NO PRIOR RESTRAINT OF MATERIAL PREPARED FOR OFFICIAL
PUBLICATIONS  OF  AN  EDUCATIONAL  INSTITUTION  EXCEPT  FOR THE MATERIAL
DESCRIBED IN SECTION EIGHT HUNDRED SIXTY-THREE OF THIS ARTICLE.
  5. EDUCATIONAL INSTITUTION ADMINISTRATORS SHALL  HAVE  THE  BURDEN  OF
DEMONSTRATING JUSTIFICATION WITHOUT UNDUE DELAY PRIOR TO A LIMITATION OF
STUDENT EXPRESSION UNDER THIS ARTICLE.
  6. NO STUDENT MEDIA ADVISOR OR EMPLOYEE SHALL BE DISMISSED, SUSPENDED,
DISCIPLINED,  REASSIGNED,  TRANSFERRED,  OR OTHERWISE RETALIATED AGAINST
SOLELY FOR ACTING TO PROTECT A PUPIL ENGAGED IN THE  CONDUCT  AUTHORIZED
UNDER  THIS  ARTICLE;  AND  FURTHER NO STUDENT MEDIA ADVISOR OR EMPLOYEE
SHALL BE DISMISSED, SUSPENDED, DISCIPLINED, REASSIGNED,  TRANSFERRED  OR
OTHERWISE  RETALIATED  AGAINST  SOLELY FOR AN ACTION, UNDERTAKEN IN GOOD
FAITH WITH THIS ARTICLE, WHICH RESULTS IN THE PROHIBITION OF THE  PUBLI-
CATION OF SPEECH PURSUANT TO THIS ARTICLE.
  7.  POLITICAL  EXPRESSION  BY STUDENTS IN SCHOOL-SPONSORED MEDIA SHALL
NOT BE DEEMED THE USE OF PUBLIC FUNDS FOR POLITICAL PURPOSES.
  8. THIS SECTION SHALL NOT APPLY TO ANY PRIVATE MIDDLE OR  HIGH  SCHOOL
THAT  IS  CONTROLLED BY A RELIGIOUS ORGANIZATION, TO THE EXTENT THAT THE
APPLICATION OF THIS SECTION WOULD NOT BE CONSISTENT WITH  THE  RELIGIOUS
TENETS OF THE ORGANIZATION.
  §  863.  EXEMPTIONS.  THE  FOLLOWING  FORMS OF EXPRESSION SHALL NOT BE
PROTECTED BY THIS ARTICLE:
  1. EXPRESSION THAT IS LIBELOUS, SLANDEROUS OR OBSCENE;
  2. EXPRESSION THAT CONSTITUTES AN UNWARRANTED INVASION OF PRIVACY;
  3. EXPRESSION THAT VIOLATES FEDERAL OR STATE LAW; OR
  4. EXPRESSION THAT INCITES STUDENTS TO  COMMIT  AN  UNLAWFUL  ACT,  TO
VIOLATE  THE  POLICIES  OF THE EDUCATIONAL INSTITUTION, OR TO MATERIALLY
AND SUBSTANTIALLY DISRUPT THE  ORDERLY  OPERATION  OF  SUCH  EDUCATIONAL
INSTITUTION.
  §  864.  LIABILITY.  NO EXPRESSION MADE BY STUDENTS IN THE EXERCISE OF
FREE SPEECH OR FREEDOM OF THE PRESS PROTECTED BY THIS ARTICLE  SHALL  BE
DEEMED  TO BE AN EXPRESSION OF POLICY, OPINION OR POSITION OF THE EDUCA-
TIONAL INSTITUTION, NOR SHALL ANY SUCH EXPRESSION BE CONSIDERED TO BE AN
ENDORSEMENT IN ANY WAY BY THE EDUCATIONAL INSTITUTION AND NO EDUCATIONAL
INSTITUTION, STUDENT MEDIA ADVISOR, EMPLOYEE, PARENT, LEGAL GUARDIAN  OR
ADMINISTRATOR  OF AN EDUCATIONAL INSTITUTION SHALL BE HELD LIABLE IN ANY

A. 9801--B                          3

CIVIL OR CRIMINAL  ACTION  FOR  ANY  EXPRESSION  MADE  OR  PUBLISHED  BY
STUDENTS,  EXCEPT  IN  CASES OF WILLFUL OR WANTON MISCONDUCT. NOTHING IN
THIS SECTION SHALL BE CONSTRUED TO CREATE ANY PRIVATE ACTION  ON  BEHALF
OF  A STUDENT OTHER THAN TO SEEK INJUNCTIVE RELIEF ALLOWING THE PUBLICA-
TION OF THE SPEECH IN QUESTION.
  § 2. This act shall take effect immediately.

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The New York State Senate

assembly Bill A9801B

Sponsored By

Archive: Last Bill Status - In Assembly Committee

Your Voice

Actions

Bill Amendments

Co-Sponsors

Multi-Sponsors

A9801 - Details

A9801 - Summary

A9801 - Bill Text download pdf

Co-Sponsors

Multi-Sponsors

A9801A - Details

A9801A - Summary

A9801A - Bill Text download pdf

Co-Sponsors

Multi-Sponsors

A9801B (ACTIVE) - Details

A9801B (ACTIVE) - Summary

A9801B (ACTIVE) - Bill Text download pdf

Comments

assembly Bill A9801B

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Sponsored By

LUPARDO

Archive: Last Bill Status - In Assembly Committee

Your Voice

Actions

Bill Amendments

Co-Sponsors

Catherine Nolan

Deborah Glick

Philip Palmesano

Nily Rozic

Rebecca Seawright

William Magnarelli

Anthony D'Urso

Carmen E. Arroyo

Ellen C. Jaffee

Jo Anne Simon

Joseph Giglio

Peter Lawrence

Linda Rosenthal

Jose Rivera

Patricia Fahy

Richard Gottfried

Multi-Sponsors

David Buchwald

Vivian Cook

Sandy Galef

A9801 - Details

A9801 - Summary

A9801 - Bill Text download pdf

Co-Sponsors

Catherine Nolan

Deborah Glick

Philip Palmesano

Nily Rozic

Rebecca Seawright

William Magnarelli

Anthony D'Urso

Carmen E. Arroyo

Ellen C. Jaffee

Jo Anne Simon

Joseph Giglio

Peter Lawrence

Linda Rosenthal

Jose Rivera

Patricia Fahy

Richard Gottfried

Multi-Sponsors

David Buchwald

Vivian Cook

Sandy Galef

A9801A - Details

A9801A - Summary

A9801A - Bill Text download pdf

Co-Sponsors

Catherine Nolan

Deborah Glick

Philip Palmesano

Nily Rozic

Rebecca Seawright

William Magnarelli

Anthony D'Urso

Carmen E. Arroyo

Ellen C. Jaffee

Jo Anne Simon

Joseph Giglio

Peter Lawrence

Linda Rosenthal

Jose Rivera

Patricia Fahy

Richard Gottfried

Multi-Sponsors

David Buchwald

Vivian Cook

Sandy Galef

A9801B (ACTIVE) - Details

A9801B (ACTIVE) - Summary

A9801B (ACTIVE) - Bill Text download pdf