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A02309 Summary:

BILL NOA02309
 
SAME ASNo Same As
 
SPONSORBarclay
 
COSPNSRBrook-Krasny, Novakhov
 
MLTSPNSR
 
Add §6438-b, Ed L
 
Relates to requiring the regents to adopt a policy that ensures 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.
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A02309 Actions:

BILL NOA02309
 
01/25/2023referred to higher education
01/03/2024referred to higher education
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A02309 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A2309
 
SPONSOR: Barclay
  TITLE OF BILL: 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   PURPOSE OR GENERAL IDEA OF BILL: Enacts the "College and University Free Speech Act", requiring the Regents to adopt a policy on free speech that applies at all SUNY and CUNY campuses.   SUMMARY OF PROVISIONS: Section 1 contains the title, "the College and University Free Speech Act". Section 2 contains the legislative finding and intent. Section 3 amends the Education Law by adding a new section 6438-a to require the Regents to adopt a policy on free speech that applies at all SUNY and CUNY campuses including: * providing for the sharing of ideas, opening campuses to speakers regardless of viewpoint, allowing protests unless those protests violate the rights of others, and requiring colleges to remain neutral on poli- tical or public policy controversies; * establishing disciplinary procedures for violations; * informing incoming students of the policy; * allowing persons whose expressive rights are violated to bring an action; and * requiring annual reporting to the Governor and the four Legislative Leaders. Section 4 contains the effective date, immediately.   JUSTIFICATION: Section 8 of article 1 of the New York State Constitution states that "every citizen may freely speak, write and publish his or her sentiments on all subjects, being responsible for the abuse of that right; and no law shall be passed to restrain or abridge the liberty of speech". Freedom of speech is an important, fundamental right enjoyed by all Americans and institutions of higher learning should be places of infor- mation sharing and learning, productive discourse, and free expression. Violations of free speech have become more prevalent on college campus- es. Examples include two separate events on a SUNY campus in 2019, where a guest lecturer had to be escorted off the stage to safety and a college political club was blocked from being able to reserve space or to present displays. Immediate action is necessary to protect all students, who would like to be able to express themselves without fear of intimidation or harm. This legislation will ensure that all SUNY and CUNY institutions shall adhere to a policy officially recognizing freedom of speech as a fundamental right.   PRIOR LEGISLATIVE HISTORY: A8342 of 2021-22-Referred to Higher Education   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None   EFFECTIVE DATE: Immediately
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A02309 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          2309
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 25, 2023
                                       ___________
 
        Introduced  by M. of A. BARCLAY -- read once and referred to the Commit-
          tee 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-b  to
    21  read as follows:
    22    § 6438-b. College  and  university  free speech. 1. Within one hundred
    23  twenty days of the effective date of this  section,  the  regents  shall
    24  adopt  a  policy  on free speech that applies at all state university of
    25  New York and city university of New York institutions. Such policy shall
    26  include, but not be limited to:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05956-01-3

        A. 2309                             2
 
     1    (a) all state and city colleges and universities shall  be  places  of
     2  information   sharing   and  learning,  productive  discourse  and  free
     3  expression;
     4    (b)  it  is  not  the proper role of a college or university to shield
     5  individuals from speech protected by the first amendment of  the  United
     6  States  constitution  and  section  eight of article one of the New York
     7  state constitution;
     8    (c) students and faculty have the freedom to share ideas and views  as
     9  permitted by the first amendment and section eight of article one of the
    10  New York state constitution;
    11    (d)  any person lawfully present on a college or university campus may
    12  protest or demonstrate, unless that protest or demonstration  interferes
    13  with the expressive rights of others;
    14    (e)  college  and  university campuses are open to invited speakers by
    15  faculty or students, regardless of their viewpoints as protected by  the
    16  first  amendment  of the United States constitution and section eight of
    17  article one of the New York state constitution;
    18    (f) public areas at the college or university are  public  forums  and
    19  open on the same terms to any speaker; and
    20    (g)  colleges  and  universities  shall remain neutral on political or
    21  public policy controversies.
    22    2. The policy on free speech shall establish disciplinary  procedures,
    23  including  a  formal investigation and a hearing for faculty or students
    24  who engage in conduct that materially  and  substantially  disrupts  the
    25  free expression of others. Such policy shall include, but not be limited
    26  to, penalties for:
    27    (a)  students  found  guilty of any violation thereof, equal to a one-
    28  week suspension for a first offense, a minimum two-week suspension for a
    29  second offense, a minimum suspension equal to  a  full  semester  for  a
    30  third offense, and expulsion for a fourth offense; and
    31    (b) faculty found guilty of any violation thereof.
    32    3.  Each  college  and university shall inform incoming students about
    33  the policy on free speech through programs which may include  workshops,
    34  seminars, discussion groups, and film presentations, in order to dissem-
    35  inate  information  about  free  speech,  promote  discussion, encourage
    36  reporting of violations of free speech,  and  facilitate  prevention  of
    37  such  violations. Such information shall include, but not be limited to,
    38  the:
    39    (a) policy adopted on free speech;
    40    (b) penalties for violations of free speech; and
    41    (c) procedures in effect at the college or university for dealing with
    42  violations of free speech.
    43    4. A person whose expressive rights are infringed upon by a  violation
    44  of  this  section  or  the  policy adopted under subdivision one of this
    45  section may bring an action in a  court  of  competent  jurisdiction  to
    46  enjoin  a violation of this section and to recover compensatory damages,
    47  court costs, and attorney's fees.
    48    5. Within one year of the adoption of the policy pursuant to  subdivi-
    49  sion  one  of  this  section  and annually thereafter, the regents shall
    50  issue a report to the governor, the speaker of the assembly, the  tempo-
    51  rary president of the senate, the minority leader of the senate, and the
    52  minority  leader  of  the  assembly  concerning the effectiveness of the
    53  policy on free speech, number of violations, disciplinary procedures and
    54  outcomes of reported violations and any other relevant  information  the
    55  regents deem necessary.
    56    § 4. This act shall take effect immediately.
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