STATE OF NEW YORK ________________________________________________________________________ 624 2025-2026 Regular Sessions IN ASSEMBLY (Prefiled) January 8, 2025 ___________ Introduced by M. of A. BARCLAY, BROOK-KRASNY, NOVAKHOV -- read once and referred to the Committee on Higher Education AN ACT to amend the education law, in relation to ensuring all students enrolled at state university of New York and city university of New York institutions are able to express themselves freely without fear of intimidation or harm The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. This act shall be known and may be cited as the "college 2 and university free speech act". 3 § 2. Legislative findings and intent. Section 8 of article 1 of the 4 New York State Constitution states that "every citizen may freely speak, 5 write and publish his or her sentiments on all subjects, being responsi- 6 ble for the abuse of that right; and no law shall be passed to restrain 7 or abridge the liberty of speech". 8 The legislature views freedom of speech as an important, fundamental 9 right enjoyed by all Americans and institutions of higher learning 10 should be places of information sharing and learning, productive 11 discourse, and free expression. 12 The legislature is tasked with ensuring everyone in this state has 13 access to the highest quality of life, including their higher education 14 experience. Therefore, immediate, effective action is necessary to 15 protect all students, who would like to be able to express themselves 16 without fear of intimidation or harm. 17 The legislature has determined that all state university of New York 18 and city university of New York institutions shall adhere to a policy 19 officially recognizing freedom of speech as a fundamental right. 20 § 3. The education law is amended by adding a new section 6438-d to 21 read as follows: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00152-01-5
A. 624 2 1 § 6438-d. College and university free speech. 1. Within one hundred 2 twenty days of the effective date of this section, the regents shall 3 adopt a policy on free speech that applies at all state university of 4 New York and city university of New York institutions. Such policy shall 5 include, but not be limited to: 6 (a) all state and city colleges and universities shall be places of 7 information sharing and learning, productive discourse and free 8 expression; 9 (b) it is not the proper role of a college or university to shield 10 individuals from speech protected by the first amendment of the United 11 States constitution and section eight of article one of the New York 12 state constitution; 13 (c) students and faculty have the freedom to share ideas and views as 14 permitted by the first amendment and section eight of article one of the 15 New York state constitution; 16 (d) any person lawfully present on a college or university campus may 17 protest or demonstrate, unless that protest or demonstration interferes 18 with the expressive rights of others; 19 (e) college and university campuses are open to invited speakers by 20 faculty or students, regardless of their viewpoints as protected by the 21 first amendment of the United States constitution and section eight of 22 article one of the New York state constitution; 23 (f) public areas at the college or university are public forums and 24 open on the same terms to any speaker; and 25 (g) colleges and universities shall remain neutral on political or 26 public policy controversies. 27 2. The policy on free speech shall establish disciplinary procedures, 28 including a formal investigation and a hearing for faculty or students 29 who engage in conduct that materially and substantially disrupts the 30 free expression of others. Such policy shall include, but not be limited 31 to, penalties for: 32 (a) students found guilty of any violation thereof, equal to a one- 33 week suspension for a first offense, a minimum two-week suspension for a 34 second offense, a minimum suspension equal to a full semester for a 35 third offense, and expulsion for a fourth offense; and 36 (b) faculty found guilty of any violation thereof. 37 3. Each college and university shall inform incoming students about 38 the policy on free speech through programs which may include workshops, 39 seminars, discussion groups, and film presentations, in order to dissem- 40 inate information about free speech, promote discussion, encourage 41 reporting of violations of free speech, and facilitate prevention of 42 such violations. Such information shall include, but not be limited to, 43 the: 44 (a) policy adopted on free speech; 45 (b) penalties for violations of free speech; and 46 (c) procedures in effect at the college or university for dealing with 47 violations of free speech. 48 4. A person whose expressive rights are infringed upon by a violation 49 of this section or the policy adopted under subdivision one of this 50 section may bring an action in a court of competent jurisdiction to 51 enjoin a violation of this section and to recover compensatory damages, 52 court costs, and attorney's fees. 53 5. Within one year of the adoption of the policy pursuant to subdivi- 54 sion one of this section and annually thereafter, the regents shall 55 issue a report to the governor, the speaker of the assembly, the tempo- 56 rary president of the senate, the minority leader of the senate, and the
A. 624 3 1 minority leader of the assembly concerning the effectiveness of the 2 policy on free speech, number of violations, disciplinary procedures and 3 outcomes of reported violations and any other relevant information the 4 regents deem necessary. 5 § 4. This act shall take effect immediately.