New York Assembly Bill A03942 Latest Draft

   
  STATE OF NEW YORK ________________________________________________________________________ 3942 2025-2026 Regular Sessions  IN ASSEMBLY 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: 1 Section 1. The education law is amended by adding a new section 6438-d 2 to read as follows: 3 § 6438-d. Free speech protections. 1. The trustees or other governing 4 board of every college chartered by the regents or incorporated by 5 special act of the legislature and which maintains a campus, unless 6 otherwise provided, shall adopt written rules for implementing a policy 7 on free speech. Such policy shall include, but not be limited to, that 8 such college shall not make or enforce a rule subjecting a student to 9 disciplinary sanctions solely on the basis of conduct that is speech or 10 other communication that, when engaged in outside the campus or facility 11 of such college, is protected from governmental restriction by the first 12 amendment of the United States constitution and section eight of article 13 one of the New York state constitution. 14 2. This section shall not: 15 (a) apply to a private postsecondary educational institution that is 16 controlled by a religious organization, to the extent that the applica- 17 tion of this section would not be consistent with the religious tenets 18 of the organization. 19 (b) authorize the prior restraint of student speech. 20 (c) prohibit the imposition of discipline for harassment, threats, or 21 intimidation, unless constitutionally protected. 22 (d) prohibit an institution from adopting rules, regulations, or poli- 23 cies that are designed to prevent hate from being directed at students 24 in a manner that denies them their full participation in the educational 25 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 1 established by the first amendment of the United States constitution and 2 section eight of article one of the New York state constitution for 3 citizens generally. 4 3. A person whose expressive rights are infringed upon by a violation 5 of this section or the policy adopted under subdivision one of this 6 section may bring an action in a court of competent jurisdiction to 7 enjoin a violation of this section and to recover compensatory damages, 8 court costs, and attorneys' fees. 9 § 2. This act shall take effect immediately.