S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4402
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 4, 2021
                                ___________
 
 Introduced  by  M.  of  A.  LUPARDO,  NOLAN,  GLICK,  PALMESANO,  ROZIC,
   SEAWRIGHT, MAGNARELLI, SIMON,  L. ROSENTHAL,  GOTTFRIED,  ENGLEBRIGHT,
   J. RIVERA,  STIRPE,  FAHY,  ABBATE,  COLTON,  ABINANTI,  HUNTER, NIOU,
   J. M. GIGLIO, SALKA, STECK, TAYLOR,  HEVESI,  FERNANDEZ,  JEAN-PIERRE,
   MIKULIN,  M. MILLER, WALSH, RA, DiPIETRO, McDONOUGH -- Multi-Sponsored
   by -- M. of A. COOK, GALEF -- read once and referred 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 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03638-02-1
              

 A. 4402                             2
 
 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.
   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.
   § 863. EXEMPTIONS. NOTHING IN THIS ARTICLE  SHALL  IMPOSE  A  DUTY  ON
 EDUCATIONAL  INSTITUTION ADMINISTRATORS TO REVIEW SCHOOL-SPONSORED MEDIA
 PRIOR TO PUBLICATION. TO THE  EXTENT  THAT  AN  EDUCATIONAL  INSTITUTION
 ADMINISTRATOR  CHOOSES TO ENGAGE IN  PRE-PUBLICATION REVIEW, THE FOLLOW-
 ING 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  WHERE
 SUCH    UNLAWFUL  ACT  WOULD  BE  BOTH  IMMINENT AND LIKELY TO OCCUR, 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

 A. 4402                             3
 
 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
 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.