New York A 3942: Ensures free speech on all college and university campuses within the state

Bill Text

Bill Search and Legislative Information | New York State Assembly 

• 

• 

• 

• 

• 

• 

• 

• 

 Skip to main content 

 New York State Assembly

 Speaker Carl E. Heastie

 --> 
 --> 

 --> 

• 
 Assembly Members 

• 
 Legislative Info 

• 
 Public Hearings 

• 
 Speaker's Press 

• 
 Assembly Reports 

• 
 Committees & More 

• Bill Search Home
• Laws
• Legislative Calendar
• Public Hearing Schedule
• Assembly Calendars
• Assembly Committee Agenda 

 Javascript must be enabled to properly view this page. 

 Bill No.: 

• Summary 
• Actions 
• Committee&nbspVotes 
• Floor&nbspVotes 
• Memo 
• Text 
• LFIN 
• Chamber&nbspVideo/Transcript 
A03942 Summary:

BILL NOA03942 

&nbsp

SAME ASSAME AS S07536

&nbsp

SPONSORRaga

&nbsp

COSPNSR

&nbsp

MLTSPNSR

&nbsp

Add §6438-d, Ed L

&nbsp

Ensures free speech on all college and university campuses within the state; creates a cause of action for those who have their freedom of speech infringed upon by a college or university.

Go to top A03942 Actions:

BILL NOA03942 

&nbsp

01/30/2025referred to higher education

01/07/2026referred to higher education

Go to topA03942 Committee&nbspVotes:

Go to topA03942 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA03942 Text:

 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.

Go to top 

• 

 Sitemap 

 Request Information 

 Directions and Maps