senate Bill S7721B

2017-2018 Legislative Session

Relates to the enactment of the student journalist free speech act

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Education Committee


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

Your Voice

do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

view actions (5)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 12, 2018 print number 7721b
Jun 12, 2018 amend and recommit to education
Jun 11, 2018 print number 7721a
Jun 11, 2018 amend and recommit to education
Feb 12, 2018 referred to education

S7721 - Details

See Assembly Version of this Bill:
A9801
Current Committee:
Senate Education
Law Section:
Education Law
Laws Affected:
Add Art 18 §§860 - 864, Ed L
Versions Introduced in 2019-2020 Legislative Session:
S1594, S2297

S7721 - 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.

S7721 - Sponsor Memo

S7721 - Bill Text download pdf


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

                                  7721

                            I N  S E N A T E

                            February 12, 2018
                               ___________

Introduced  by  Sen.  O'MARA -- read twice and ordered printed, and when
  printed to be committed to the Committee 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

S7721A - Details

See Assembly Version of this Bill:
A9801
Current Committee:
Senate Education
Law Section:
Education Law
Laws Affected:
Add Art 18 §§860 - 864, Ed L
Versions Introduced in 2019-2020 Legislative Session:
S1594, S2297

S7721A - 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.

S7721A - Sponsor Memo

S7721A - Bill Text download pdf


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

                                 7721--A

                            I N  S E N A T E

                            February 12, 2018
                               ___________

Introduced  by  Sen.  O'MARA -- read twice and ordered printed, and when
  printed to be committed 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.
  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.

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

Co-Sponsors

S7721B (ACTIVE) - Details

See Assembly Version of this Bill:
A9801
Current Committee:
Senate Education
Law Section:
Education Law
Laws Affected:
Add Art 18 §§860 - 864, Ed L
Versions Introduced in 2019-2020 Legislative Session:
S1594, S2297

S7721B (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.

S7721B (ACTIVE) - Sponsor Memo

S7721B (ACTIVE) - Bill Text download pdf


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

                                 7721--B

                            I N  S E N A T E

                            February 12, 2018
                               ___________

Introduced  by  Sen.  O'MARA -- read twice and ordered printed, and when
  printed to be committed to the Committee  on  Education  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said  committee  --  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, 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.
  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

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.