NY State Senate Bill 2019-S1594

Archive: Last Bill Status - Stricken

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 22, 2019	recommit, enacting clause stricken
Jan 15, 2019	referred to education

co-Sponsors

2019-S1594 (ACTIVE) - Details

Law Section:: Education Law
Laws Affected:: Add Art 18 §§860 - 864, Ed L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S7721
2021-2022: S2958
2023-2024: S647

2019-S1594 (ACTIVE) - Summary

Enacts the student journalist free speech act to protect student speech at educational institutions unless such speech is libelous, an invasion of privacy, or incites students to commit an unlawful act, violate school policies, or to materially and substantially disrupt the orderly operation of the school.

2019-S1594 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S1594

SPONSOR: O'MARA
 
TITLE OF BILL:

An act to amend the education law, in relation to enacting the student
journalist free speech act

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this legislation is to extend and protect freedom of
speech and the press in school-sponsored newspapers by allowing for more
autonomy of student journalists over the content of their publications.
This bill will expand of freedom of speech and the press by giving more
editorial control to student journalists, while at the same time contin-
uing long standing ethical standards which will encourage responsible
journalism at the high school and collegiate level. This bill does
retain some School Administrative oversight provisions over articles
which maybe considered; libelous, slanderous, obscene, an unwarranted
invasion of privacy or violate Federal, or State law.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1: The education law is amended by adding a new article 18 which
would be referred to as the "student journalist free speech act". Arti-
cle 18 contains definitions, exemptions, rights and liability.

Section 2: Establishes the effective date.

 
JUSTIFICATION:

In many states including New York, school administrators have the
authority to prohibit content from being published in school newspapers
over the objection of student journalists. This legislation would guar-
antee freedom of expression and freedom of the press to all student
journalists, including both public and private high schools and colleges
and universities by giving them final editorial control, rather than
school administrators. This will allow for student independence and
individual initiative; student ownership of their publications which
would foster a greater sense of civic engagement and increase the
protections of student journalistic expression.

Recent news events have highlighted the need to protect and expand
student journalists' rights with more editorial control. In April of
2017, a news story demonstrated the importance of expanding freedom of
press rights to students. According to a news article from The Washing-
ton Post, a group of 6 high school students from southeastern Kansas
were writing an article about their new principal in the school newspa-
per when they uncovered that she had no valid educational credentials as
far as hex collegiate degrees. The story quickly made the national news
and the unqualified principal lost her post. The Washington Post states
that under Kansas law, the students were protected from "administrative
censorship". And because of this they were able to get the story
published. Unlike Kansas, New York State Law does not protect students
from "administrative censorship". A recent editorial published in the
Rochester Democrat :7, Chronicle also highlighted this issue and
stressed the importance of giving students more control over their
reporting. Ownership by students over their publications will help

foster more responsible student journalism and increase civic engagement
among them.

Freedom of expression and press are fundamental principles in our demo-
cratic society and those principals should be expanded to student jour-
nalists as well.

 
PRIOR LEGISLATIVE HISTORY:

2018 - S7721B

 
FISCAL IMPLICATIONS:

This legislation will have no fiscal implications for State or local
Government.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S1594 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1594
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 15, 2019
                                ___________
 
 Introduced  by  Sens. O'MARA, HOYLMAN -- read twice and ordered printed,
   and when printed to be committed to the Committee on Education
 
 AN ACT to amend the education law, in relation to enacting  the  student
   journalist free speech act
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The education law is amended by adding a new article 18  to
 read as follows:
                                ARTICLE 18
                    STUDENT JOURNALIST FREE SPEECH ACT
 SECTION 860. SHORT TITLE.
         861. DEFINITIONS.
         862. STUDENT JOURNALIST FREE SPEECH RIGHTS.
         863. EXEMPTIONS.
         864. LIABILITY.
   §  860.  SHORT  TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS
 THE "STUDENT JOURNALIST FREE SPEECH ACT".
   § 861. DEFINITIONS. FOR THE PURPOSES OF  THIS  ARTICLE  THE  FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   1. "EDUCATIONAL INSTITUTION" MEANS A PUBLIC, PRIVATE OR CHARTER MIDDLE
 OR HIGH SCHOOL.
   2. "SCHOOL-SPONSORED MEDIA" MEANS ANY MATERIAL THAT IS PREPARED, WRIT-
 TEN,  PUBLISHED,  OR BROADCAST BY A STUDENT JOURNALIST AT AN EDUCATIONAL
 INSTITUTION, DISTRIBUTED OR GENERALLY MADE AVAILABLE TO MEMBERS  OF  THE
 STUDENT  BODY, AND PREPARED UNDER THE DIRECTION OF A STUDENT MEDIA ADVI-
 SOR. "SCHOOL-SPONSORED MEDIA"  SHALL  NOT  INCLUDE  MEDIA  INTENDED  FOR
 DISTRIBUTION  OR TRANSMISSION SOLELY IN THE CLASSROOM IN WHICH THE MEDIA
 IS PRODUCED.
   3. "STUDENT JOURNALIST" MEANS A STUDENT  ENROLLED  IN  AN  EDUCATIONAL
 INSTITUTION  WHO GATHERS, COMPILES, WRITES, EDITS, PHOTOGRAPHS, RECORDS,
 OR PREPARES INFORMATION FOR DISSEMINATION IN SCHOOL-SPONSORED MEDIA.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD03296-01-9

 S. 1594                             2
 
   4. "STUDENT MEDIA ADVISOR" MEANS AN INDIVIDUAL EMPLOYED, APPOINTED, OR
 DESIGNATED  BY  AN  EDUCATIONAL  INSTITUTION  TO  SUPERVISE  OR  PROVIDE
 INSTRUCTION RELATING TO SCHOOL-SPONSORED MEDIA.
   §  862. STUDENT JOURNALIST FREE SPEECH RIGHTS.  1. EXCEPT AS OTHERWISE
 PROVIDED IN SECTION EIGHT HUNDRED SIXTY-THREE OF THIS ARTICLE, A STUDENT
 JOURNALIST SHALL HAVE THE RIGHT TO EXERCISE FREE SPEECH AND OF THE PRESS
 IN SCHOOL-SPONSORED MEDIA, REGARDLESS OF WHETHER THE MEDIA IS  SUPPORTED
 FINANCIALLY  BY  THE EDUCATIONAL INSTITUTION OR BY USE OF THE FACILITIES
 OF AN EDUCATIONAL INSTITUTION OR PRODUCED IN CONJUNCTION WITH A CLASS IN
 WHICH THE STUDENT IS ENROLLED.
   2. SUBJECT TO SECTION EIGHT HUNDRED SIXTY-THREE OF THIS  ARTICLE,  THE
 APPROPRIATE  STUDENT JOURNALIST SHALL BE RESPONSIBLE FOR DETERMINING THE
 NEWS, OPINION, AND FEATURE CONTENT OF SCHOOL-SPONSORED MEDIA.
   3. NOTHING IN THIS SECTION SHALL PRECLUDE A STUDENT MEDIA ADVISOR FROM
 TEACHING PROFESSIONAL STANDARDS OF ENGLISH  AND  JOURNALISM  TO  STUDENT
 JOURNALISTS  OR  FROM GRADING THE PERFORMANCE OF A STUDENT IN ACCORDANCE
 WITH SUCH STANDARDS.
   4. THERE SHALL BE NO PRIOR RESTRAINT OF MATERIAL PREPARED FOR OFFICIAL
 PUBLICATIONS OF AN  EDUCATIONAL  INSTITUTION  EXCEPT  FOR  THE  MATERIAL
 DESCRIBED IN SECTION EIGHT HUNDRED SIXTY-THREE OF THIS ARTICLE.
   5.  EDUCATIONAL  INSTITUTION  ADMINISTRATORS  SHALL HAVE THE BURDEN OF
 DEMONSTRATING JUSTIFICATION WITHOUT UNDUE DELAY PRIOR TO A LIMITATION OF
 STUDENT EXPRESSION UNDER THIS ARTICLE.
   6. NO STUDENT MEDIA ADVISOR OR EMPLOYEE SHALL BE DISMISSED, SUSPENDED,
 DISCIPLINED, REASSIGNED, TRANSFERRED, OR  OTHERWISE  RETALIATED  AGAINST
 SOLELY  FOR  ACTING TO PROTECT A PUPIL ENGAGED IN THE CONDUCT AUTHORIZED
 UNDER THIS ARTICLE; AND FURTHER NO STUDENT  MEDIA  ADVISOR  OR  EMPLOYEE
 SHALL  BE  DISMISSED, SUSPENDED, DISCIPLINED, REASSIGNED, TRANSFERRED OR
 OTHERWISE RETALIATED AGAINST SOLELY FOR AN ACTION,  UNDERTAKEN  IN  GOOD
 FAITH  WITH THIS ARTICLE, WHICH RESULTS IN THE PROHIBITION OF THE PUBLI-
 CATION OF SPEECH PURSUANT TO THIS ARTICLE.
   7. POLITICAL EXPRESSION BY STUDENTS IN  SCHOOL-SPONSORED  MEDIA  SHALL
 NOT BE DEEMED THE USE OF PUBLIC FUNDS FOR POLITICAL PURPOSES.
   8.  THIS  SECTION SHALL NOT APPLY TO ANY PRIVATE MIDDLE OR HIGH SCHOOL
 THAT IS CONTROLLED BY A RELIGIOUS ORGANIZATION, TO THE EXTENT  THAT  THE
 APPLICATION  OF  THIS SECTION WOULD NOT BE CONSISTENT WITH THE RELIGIOUS
 TENETS OF THE ORGANIZATION.
   § 863. EXEMPTIONS. THE FOLLOWING FORMS  OF  EXPRESSION  SHALL  NOT  BE
 PROTECTED BY THIS ARTICLE:
   1. EXPRESSION THAT IS LIBELOUS, SLANDEROUS OR OBSCENE;
   2. EXPRESSION THAT CONSTITUTES AN UNWARRANTED INVASION OF PRIVACY;
   3. EXPRESSION THAT VIOLATES FEDERAL OR STATE LAW; OR
   4.  EXPRESSION  THAT  INCITES  STUDENTS  TO COMMIT AN UNLAWFUL ACT, TO
 VIOLATE THE POLICIES OF THE EDUCATIONAL INSTITUTION,  OR  TO  MATERIALLY
 AND  SUBSTANTIALLY  DISRUPT  THE  ORDERLY  OPERATION OF SUCH EDUCATIONAL
 INSTITUTION.
   § 864. LIABILITY. NO EXPRESSION MADE BY STUDENTS IN  THE  EXERCISE  OF
 FREE  SPEECH  OR FREEDOM OF THE PRESS PROTECTED BY THIS ARTICLE SHALL BE
 DEEMED TO BE AN EXPRESSION OF POLICY, OPINION OR POSITION OF THE  EDUCA-
 TIONAL INSTITUTION, NOR SHALL ANY SUCH EXPRESSION BE CONSIDERED TO BE AN
 ENDORSEMENT IN ANY WAY BY THE EDUCATIONAL INSTITUTION AND NO EDUCATIONAL
 INSTITUTION,  STUDENT MEDIA ADVISOR, EMPLOYEE, PARENT, LEGAL GUARDIAN OR
 ADMINISTRATOR OF AN EDUCATIONAL INSTITUTION SHALL BE HELD LIABLE IN  ANY
 CIVIL  OR  CRIMINAL  ACTION  FOR  ANY  EXPRESSION  MADE  OR PUBLISHED BY
 STUDENTS, EXCEPT IN CASES OF WILLFUL OR WANTON  MISCONDUCT.  NOTHING  IN
 THIS  SECTION  SHALL BE CONSTRUED TO CREATE ANY PRIVATE ACTION ON BEHALF

 S. 1594                             3
 
 OF A STUDENT OTHER THAN TO SEEK INJUNCTIVE RELIEF ALLOWING THE  PUBLICA-
 TION OF THE SPEECH IN QUESTION.
   § 2. This act shall take effect immediately.

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Senate Bill S1594

Sponsored By

Archive: Last Bill Status - Stricken

co-Sponsors

2019-S1594 (ACTIVE) - Details

2019-S1594 (ACTIVE) - Summary

2019-S1594 (ACTIVE) - Sponsor Memo

2019-S1594 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S1594

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Sponsored By

Thomas F. O'Mara

Archive: Last Bill Status - Stricken

co-Sponsors

Brad Hoylman-Sigal

2019-S1594 (ACTIVE) - Details

2019-S1594 (ACTIVE) - Summary

2019-S1594 (ACTIVE) - Sponsor Memo

2019-S1594 (ACTIVE) - Bill Text download pdf

Comments