Assembly Bill A3942

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3942
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 30, 2025
                                ___________
 
 Introduced  by  M. of A. RAGA -- read once and referred to the Committee
   on Higher Education
 
 AN ACT to amend the education law, in relation to ensuring  free  speech
   on all college and university campuses within the state
 
   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-d
 to read as follows:
   § 6438-D. FREE SPEECH PROTECTIONS. 1. THE TRUSTEES OR OTHER  GOVERNING
 BOARD  OF  EVERY  COLLEGE  CHARTERED  BY  THE REGENTS OR INCORPORATED BY
 SPECIAL ACT OF THE LEGISLATURE AND  WHICH  MAINTAINS  A  CAMPUS,  UNLESS
 OTHERWISE  PROVIDED, SHALL ADOPT WRITTEN RULES FOR IMPLEMENTING A POLICY
 ON FREE SPEECH. SUCH POLICY SHALL INCLUDE, BUT NOT BE LIMITED  TO,  THAT
 SUCH  COLLEGE  SHALL  NOT MAKE OR ENFORCE A RULE SUBJECTING A STUDENT TO
 DISCIPLINARY SANCTIONS SOLELY ON THE BASIS OF CONDUCT THAT IS SPEECH  OR
 OTHER COMMUNICATION THAT, WHEN ENGAGED IN OUTSIDE THE CAMPUS OR FACILITY
 OF SUCH COLLEGE, IS PROTECTED FROM GOVERNMENTAL RESTRICTION BY THE FIRST
 AMENDMENT OF THE UNITED STATES CONSTITUTION AND SECTION EIGHT OF ARTICLE
 ONE OF THE NEW YORK STATE CONSTITUTION.
   2. THIS SECTION SHALL NOT:
   (A)  APPLY  TO A PRIVATE POSTSECONDARY EDUCATIONAL INSTITUTION THAT IS
 CONTROLLED BY A RELIGIOUS ORGANIZATION, TO THE EXTENT THAT THE  APPLICA-
 TION  OF  THIS SECTION WOULD NOT BE CONSISTENT WITH THE RELIGIOUS TENETS
 OF THE ORGANIZATION.
   (B) AUTHORIZE THE PRIOR RESTRAINT OF STUDENT SPEECH.
   (C) PROHIBIT THE IMPOSITION OF DISCIPLINE FOR HARASSMENT, THREATS,  OR
 INTIMIDATION, UNLESS CONSTITUTIONALLY PROTECTED.
   (D) PROHIBIT AN INSTITUTION FROM ADOPTING RULES, REGULATIONS, OR POLI-
 CIES  THAT  ARE DESIGNED TO PREVENT HATE FROM BEING DIRECTED AT STUDENTS
 IN A MANNER THAT DENIES THEM THEIR FULL PARTICIPATION IN THE EDUCATIONAL
 PROCESS, SO LONG AS THE  RULES  AND  REGULATIONS  CONFORM  TO  STANDARDS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05967-01-5
              

 A. 3942                             2
 
 ESTABLISHED BY THE FIRST AMENDMENT OF THE UNITED STATES CONSTITUTION AND
 SECTION  EIGHT  OF  ARTICLE  ONE  OF THE NEW YORK STATE CONSTITUTION FOR
 CITIZENS GENERALLY.
   3.  A PERSON WHOSE EXPRESSIVE RIGHTS ARE INFRINGED UPON BY A VIOLATION
 OF THIS SECTION OR THE POLICY ADOPTED  UNDER  SUBDIVISION  ONE  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,
 COURT COSTS, AND ATTORNEYS' FEES.
   § 2. This act shall take effect immediately.