Assembly Bill A1145

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1145
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 14, 2019
                                ___________
 
 Introduced by M. of A. PAULIN -- read once and referred 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.
              

                                                            LBD00616-01-9

 A. 1145                             2
 
   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.