S T A T E O F N E W Y O R K
________________________________________________________________________
1345
2023-2024 Regular Sessions
I N A S S E M B L Y
January 17, 2023
___________
Introduced by M. of A. LUPARDO, GLICK, PALMESANO, ROZIC, SEAWRIGHT,
MAGNARELLI, SIMON, L. ROSENTHAL, STIRPE, FAHY, COLTON, HUNTER,
J. M. GIGLIO, STECK, TAYLOR, HEVESI, JEAN-PIERRE, MIKULIN, WALSH, RA,
DiPIETRO, McDONOUGH, OTIS, GONZALEZ-ROJAS, THIELE, FORREST, GALLAHAN,
GANDOLFO, ANGELINO, HAWLEY, SILLITTI, SEPTIMO, MAMDANI, GALLAGHER --
Multi-Sponsored by -- M. of A. COOK -- read once and referred 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 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02972-01-3
A. 1345 2
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, 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.
§ 863. EXEMPTIONS. NOTHING IN THIS ARTICLE SHALL IMPOSE A DUTY ON
EDUCATIONAL INSTITUTION ADMINISTRATORS TO REVIEW SCHOOL-SPONSORED MEDIA
PRIOR TO PUBLICATION. TO THE EXTENT THAT AN EDUCATIONAL INSTITUTION
ADMINISTRATOR CHOOSES TO ENGAGE IN PRE-PUBLICATION REVIEW, THE FOLLOW-
ING 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 WHERE
SUCH UNLAWFUL ACT WOULD BE BOTH IMMINENT AND LIKELY TO OCCUR, 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
A. 1345 3
INSTITUTION, STUDENT MEDIA ADVISOR, EMPLOYEE, PARENT, LEGAL GUARDIAN OR
ADMINISTRATOR 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. 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.