Bill > A03942

This bill amends the New York State education law to establish robust free speech protections for students at public and private colleges and universities. The legislation requires college governing boards to adopt written rules ensuring students cannot be disciplined solely for speech protected by the First Amendment of the U.S. Constitution and the New York State Constitution. The bill includes important nuances: it does not apply to religious institutions if the rules conflict with their religious tenets, does not allow prior restraint of student speech, and still permits colleges to discipline students for genuine harassment, threats, or intimidation that are not constitutionally protected. Critically, the bill creates a legal mechanism allowing individuals whose expressive rights are violated to sue the institution, potentially recovering compensatory damages, court costs, and attorneys' fees. The policy aims to protect diverse viewpoints and prevent institutional suppression of student speech while maintaining reasonable limits to ensure a safe educational environment. The law would take effect immediately upon passage, giving colleges prompt guidance on implementing these free speech protections.

Education

https://www.nysenate.gov/legislation/bills/2025/A3942