NY State Senate Bill 2023-S647

Current Bill Status - In Senate Committee Education Committee

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to education
Jan 05, 2023	referred to education

co-Sponsors

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2023-S647 (ACTIVE) - Details

See Assembly Version of this Bill:: A1345
Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Add Art 18 §§860 - 864, Ed L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S7721
2019-2020: S1594, S2297
2021-2022: S2958, A4402

2023-S647 (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.

2023-S647 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S647

SPONSOR: KAVANAGH
 
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 freedom of speech and the press by giving final
editorial control to student journalists at public high schools, while
at the same time continuing long standing ethical standards which will
encourage responsible journalism. This bill contains oversight
protections.

 
SUMMARY OF 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, 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 the student
journalists 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 her 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 "admin-
istrative censorship". 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:

2021-22: S2958 (Kavanagh) / A4402 (Lupardo) - EDUCATION/education

2019-2020: S2297B (Kavanagh) - EDUCATION

2018: S7721B (O'Mara) / A9801B (Lupardo) - EDUCATION/education

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

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

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S647 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    647
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              January 5, 2023
                                ___________
 
 Introduced  by Sens. KAVANAGH, BRESLIN, HARCKHAM, HOYLMAN, JACKSON, MAY,
   O'MARA, RAMOS, SALAZAR, SEPULVEDA, STAVISKY -- read twice and  ordered
   printed,  and  when printed to be committed to the Committee on Educa-
   tion
 
 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
 DISTRIBUTION  OR TRANSMISSION SOLELY IN THE CLASSROOM IN WHICH THE MEDIA
 IS PRODUCED.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02972-01-3
 S. 647                              2

   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
 INSTITUTION,  STUDENT MEDIA ADVISOR, EMPLOYEE, PARENT, LEGAL GUARDIAN OR
 ADMINISTRATOR OF AN EDUCATIONAL INSTITUTION SHALL BE HELD LIABLE IN  ANY
 S. 647                              3
 
 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.

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Senate Bill S647

Sponsored By

Current Bill Status - In Senate Committee Education Committee

co-Sponsors

2023-S647 (ACTIVE) - Details

2023-S647 (ACTIVE) - Summary

2023-S647 (ACTIVE) - Sponsor Memo

2023-S647 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S647

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Sponsored By

Current Bill Status - In Senate Committee Education Committee

co-Sponsors

2023-S647 (ACTIVE) - Details

2023-S647 (ACTIVE) - Summary

2023-S647 (ACTIVE) - Sponsor Memo

2023-S647 (ACTIVE) - Bill Text download pdf

Comments