Assembly Bill A9300

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9300
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             December 10, 2025
                                ___________
 
 Introduced  by  M.  of  A.  R. CARROLL  -- read once and referred to the
   Committee on Governmental Operations
 
 AN ACT to amend the executive law, in relation to establishing the "free
   speech protection act" and preventing the transfer of  information  on
   legal protest activities to the federal government

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act shall be known and  may  be  cited  as  the  "free
 speech protection act".
   §  2.  The  executive  law is amended by adding a new section 837-z to
 read as follows:
   § 837-Z. COOPERATION  WITH  CERTAIN  FEDERAL  INVESTIGATIONS.  1.  FOR
 PURPOSES OF THIS SECTION, THE TERM "PROTECTED EXPRESSIVE ACTIVITY" MEANS
 PROTESTS, DEMONSTRATIONS, OR OTHER ACTIONS PROTECTED BY THE FIRST AMEND-
 MENT  TO  THE  UNITED  STATES CONSTITUTION OR SECTIONS EIGHT AND NINE OF
 ARTICLE ONE OF THE NEW YORK STATE CONSTITUTION.
   2. NO STATE OR LOCAL LAW ENFORCEMENT AGENCY SHALL  COOPERATE  WITH  OR
 PROVIDE  INFORMATION  TO  THE FEDERAL GOVERNMENT OR ITS AGENTS REGARDING
 PROTECTED EXPRESSIVE ACTIVITIES PERFORMED IN THIS  STATE,  OR  OTHERWISE
 EXPEND  OR USE TIME, MONEYS, FACILITIES, PROPERTY, EQUIPMENT, PERSONNEL,
 OR OTHER RESOURCES  IN  FURTHERANCE  OF  ANY  FEDERAL  INVESTIGATION  OR
 PROCEEDING  THAT  SEEKS TO IMPOSE CIVIL OR CRIMINAL LIABILITY OR PROFES-
 SIONAL SANCTIONS UPON A PERSON OR ENTITY FOR  ANY  PROTECTED  EXPRESSIVE
 ACTIVITY OCCURRING IN THIS STATE.
   3.  NOTHING  IN  THIS  SECTION SHALL PROHIBIT THE INVESTIGATION OF ANY
 CRIME UNDER THE LAWS OF THIS STATE WHICH MAY  INVOLVE  PROTESTS,  DEMON-
 STRATIONS,  OR  OTHER  ACTIONS  PROTECTED  BY THE FIRST AMENDMENT TO THE
 UNITED STATES CONSTITUTION OR SECTIONS EIGHT AND NINE OF ARTICLE ONE  OF
 THE  NEW  YORK  STATE  CONSTITUTION, PROVIDED THAT NO INFORMATION MAY BE
 PROVIDED TO THE FEDERAL GOVERNMENT OR ITS AGENTS AS TO THE PARTICIPATION
 OF SPECIFIC INDIVIDUALS IN THESE PROTECTED ACTIVITIES.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14147-01-5
              

 A. 9300                             2
 
   4. THIS SECTION SHALL NOT BE CONSTRUED TO ALLOW FOR THE  PROVISION  OF
 ANY  INFORMATION  TO THE FEDERAL GOVERNMENT OR ITS AGENTS THAT WOULD NOT
 OTHERWISE BE AVAILABLE UNDER STATE LAW.
   5.  (A)  ANY  INDIVIDUAL WHOSE INFORMATION WAS OBTAINED BY ANY FEDERAL
 GOVERNMENT ENTITY IN VIOLATION OF THIS SECTION  MAY  INSTITUTE  A  CIVIL
 ACTION  AGAINST THE STATE OR LOCAL LAW ENFORCEMENT AGENCY THAT DISCLOSED
 THEIR INFORMATION IN VIOLATION OF THIS SECTION FOR ANY  OR  ALL  OF  THE
 FOLLOWING:
   (I) ONE THOUSAND DOLLARS PER VIOLATION OR ACTUAL DAMAGES, WHICHEVER IS
 GREATER;
   (II) PUNITIVE DAMAGES;
   (III) INJUNCTIVE OR DECLARATORY RELIEF; AND
   (IV) ANY OTHER RELIEF THE COURT DEEMS PROPER.
   (B)  IN  ASSESSING  THE  AMOUNT  OF  PUNITIVE DAMAGES, THE COURT SHALL
 CONSIDER:
   (I) THE NUMBER OF PEOPLE WHOSE RIGHTS WERE VIOLATED;
   (II) WHETHER THE VIOLATION DIRECTLY  OR  INDIRECTLY  TARGETED  PERSONS
 ENGAGED  IN  THE  EXERCISE  OF ACTIVITIES PROTECTED BY THE UNITED STATES
 CONSTITUTION OR THE NEW YORK STATE CONSTITUTION; AND
   (III) THE PERSISTENCE OF VIOLATIONS BY THE PARTICULAR GOVERNMENT ENTI-
 TY.
   (C) IN ANY ACTION BROUGHT UNDER THIS SECTION, THE  COURT  SHALL  AWARD
 REASONABLE  ATTORNEYS'  FEES, EXPENSES, AND COSTS TO A PREVAILING PLAIN-
 TIFF.
   § 3. This act shall take effect immediately.