NY State Senate Bill 2025-S5632A

Senate Bill S5632A

2025-2026 Legislative Session

Implements a students' bill of rights for state university of New York and city university of New York institutions

download bill text pdf

Current Bill Status - In Senate Committee Higher 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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Actions

View Actions (3)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 03, 2025	print number 5632a
Mar 03, 2025	amend and recommit to higher education
Feb 26, 2025	referred to higher education

Bill Amendments

Original

A (Active)

2025-S5632 - Details

See Assembly Version of this Bill:: A7400
Current Committee:: Senate Higher Education
Law Section:: Education Law
Laws Affected:: Add Art 129-C §6450, Ed L

2025-S5632 - Summary

Implements a students' bill of rights for state university of New York and city university of New York institutions to guarantee certain rights to students at such institutions.

2025-S5632 - Sponsor Memo

                                 
BILL NUMBER: S5632

SPONSOR: JACKSON
 
TITLE OF BILL:

An act to amend the education law, in relation to implementing a
students' bill of rights for state university of New York and city
university of New York institutions

 
PURPOSE:

This bill establishes a "Students' Bill of Rights" for SUNY and CUNY
institutions to protect student expression, participation, and represen-
tation in campus governance, fostering a more accountable and inclusive
educational environment.

 
SUMMARY OF PROVISIONS:

Section 1 amends the education law by adding a new article 129-C. The
section outlines the implementation of a "Students' Bill of Rights" for
colleges and universities.

Institutions are required to adopt written rules to implement this
section, amending their codes of conduct or similar policies, and to
provide copies of these rules to all enrolled students and post them on
their websites. The Bill of Rights includes provisions for student
communication, ensuring elected student leaders can message the student
body without prior restraint, student participation in conduct cases,
representation in policy-making bodies, and access to free speech spaces
on campus. It affirms student journalists' right to exercise free speech
and press in school-sponsored media, including determining content with-
out prior restraint, while also outlining the responsibilities of
student media advisors.  Additionally, it delineates expressions that
are not protected under the Bill of Rights, such as libelous or unlawful
expressions.  Finally, it clarifies that political expressions by
students in school-sponsored media do not constitute public funding for
political purposes.

Section 2 sets the effective date.

 
JUSTIFICATION:

The bill emphasizes the paramount importance of establishing a compre-
hensive framework for safeguarding students' rights and ensuring their
active participation within educational institutions.  By mandating that
each institution adopt written rules and amend its code of conduct, the
legislation seeks to create an environment that is transparent and
accountable, fostering a culture of respect and understanding among
students, faculty, and administration.

The requirement for institutions to provide copies of these rules to all
enrolled students highlights the commitment to informed consent and
engagement. It acknowledges that students must be aware of their rights
and the policies governing their conduct to fully participate in campus
life. This approach is crucial in creating a supportive educational
atmosphere where students feel empowered to voice their concerns and
advocate for their rights.


Furthermore, the establishment of a "Students' Bill of Rights" addresses
critical aspects of student life, including free expression and repre-
sentation. By allowing elected student leaders to communicate without
prior restraint, the legislation promotes an open dialogue on campus,
ensuring that diverse perspectives are heard and considered. This not
only enriches the educational experience but also prepares students for
civic engagement beyond their time in school.

The provisions regarding student participation in conduct cases and
policy-making bodies reflect a commitment to inclusivity and shared
governance. By incorporating student voices into these processes, insti-
tutions can better understand the needs and concerns of their student
populations, leading to more effective policies and a stronger sense of
community.

Additionally, the emphasis on designated free speech spaces and
protections for student journalists reinforces the importance of free
expression as a cornerstone of academic freedom. This commitment to
protecting student media ensures that journalism can thrive in educa-
tional settings, allowing students to engage critically with the world
around them.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

Minimal.

 
EFFECTIVE DATE:
This act shall take effect on the first of July next succeeding the date
on which it shall have become a law.

2025-S5632 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5632
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 26, 2025
                                ___________
 
 Introduced  by  Sen. JACKSON -- read twice and ordered printed, and when
   printed to be committed to the Committee on Higher Education
 
 AN ACT to amend  the  education  law,  in  relation  to  implementing  a
   students'  bill  of  rights  for state university of New York and city
   university of New York institutions

   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 129-C
 to read as follows:
                               ARTICLE 129-C
    IMPLEMENTATION BY COLLEGES AND UNIVERSITIES OF A STUDENTS' BILL OF
                                  RIGHTS
 SECTION 6450. STUDENTS' BILL OF RIGHTS.
   § 6450. STUDENTS' BILL OF RIGHTS. 1. AS  USED  IN  THIS  SECTION,  THE
 FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   A.  "INSTITUTION"  SHALL  MEAN  ANY COLLEGE OR UNIVERSITY IN THE STATE
 UNIVERSITY OF NEW YORK OR CITY UNIVERSITY OF NEW YORK.
   B. "SCHOOL-SPONSORED MEDIA" MEANS ANY MATERIAL THAT IS PREPARED, WRIT-
 TEN, PUBLISHED, OR BROADCAST BY A STUDENT JOURNALIST AT AN  INSTITUTION,
 DISTRIBUTED  OR  GENERALLY MADE AVAILABLE TO MEMBERS OF THE STUDENT BODY
 OR THE PUBLIC. "SCHOOL-SPONSORED MEDIA" SHALL NOT INCLUDE MEDIA INTENDED
 FOR DISTRIBUTION OR TRANSMISSION SOLELY IN THE CLASSROOM  IN  WHICH  THE
 MEDIA IS PRODUCED.
   C. "STUDENT JOURNALIST" MEANS A STUDENT ENROLLED IN AN INSTITUTION WHO
 GATHERS,  COMPILES,  WRITES,  EDITS,  PHOTOGRAPHS,  RECORDS, OR PREPARES
 INFORMATION FOR DISSEMINATION IN SCHOOL-SPONSORED MEDIA.
   D. "STUDENT MEDIA ADVISOR" MEANS AN INDIVIDUAL EMPLOYED, APPOINTED, OR
 DESIGNATED BY AN INSTITUTION TO SUPERVISE OR PROVIDE INSTRUCTION  RELAT-
 ING TO SCHOOL-SPONSORED MEDIA.
   2.  EVERY  INSTITUTION  SHALL  ADOPT  WRITTEN  RULES IMPLEMENTING THIS
 SECTION BY AMENDING ITS CODE OF CONDUCT OR OTHER COMPARABLE POLICIES.  A
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10141-02-5

 S. 5632                             2
 
 COPY OF SUCH RULES AND POLICIES SHALL BE PROVIDED BY EACH INSTITUTION TO
 ALL  STUDENTS  ENROLLED  IN  SAID  INSTITUTION USING A METHOD AND MANNER
 APPROPRIATE TO ITS INSTITUTIONAL CULTURE. EACH  INSTITUTION  SHALL  ALSO
 POST  SUCH  RULES  AND  POLICIES  ON ITS WEBSITE IN AN EASILY ACCESSIBLE
 MANNER TO THE PUBLIC.
   3.  EVERY  INSTITUTION  SHALL  ADOPT  AND  IMPLEMENT   THE   FOLLOWING
 "STUDENTS' BILL OF RIGHTS":
   A. (I) THE ELECTED STUDENT LEADER SHALL BE ABLE TO MESSAGE THE STUDENT
 BODY  THROUGH  E-MAIL,  OR A SUBSTANTIALLY EQUIVALENT SYSTEM UTILIZED BY
 THE INSTITUTION TO COMMUNICATE WITH  THE  STUDENT  BODY,  WITHOUT  PRIOR
 RESTRAINT  OF  MATERIAL INCLUDED IN SUCH MESSAGE OR COMMUNICATION EXCEPT
 FOR MATERIAL DESCRIBED IN SUBPARAGRAPH  (VI)  OF  PARAGRAPH  E  OF  THIS
 SUBDIVISION.
   (II)  NO  EXPRESSION  MADE  BY  AN  ELECTED  STUDENT  LEADER  WHICH IS
 PROTECTED BY THIS PARAGRAPH SHALL BE DEEMED TO BE AN EXPRESSION OF POLI-
 CY,  OPINION  OR  POSITION  OF  THE  INSTITUTION,  NOR  SHALL  ANY  SUCH
 EXPRESSION BE CONSIDERED TO BE AN ENDORSEMENT IN ANY WAY BY THE INSTITU-
 TION AND NO INSTITUTION, EMPLOYEE, PARENT, LEGAL GUARDIAN OR ADMINISTRA-
 TOR  OF  AN  INSTITUTION  SHALL  BE HELD LIABLE IN ANY CIVIL OR CRIMINAL
 ACTION FOR ANY EXPRESSION MADE BY AN ELECTED STUDENT LEADER,  EXCEPT  IN
 CASES  OF  WILLFUL OR WANTON MISCONDUCT. NOTHING IN THIS PARAGRAPH SHALL
 BE CONSTRUED TO CREATE ANY PRIVATE ACTION ON BEHALF OF A  STUDENT  OTHER
 THAN  TO  SEEK INJUNCTIVE RELIEF ALLOWING THE MESSAGING OR COMMUNICATION
 IN QUESTION.
   B. ALL STUDENT CONDUCT CASES SHALL HAVE STUDENT PARTICIPATION  ON  THE
 BODY JUDGING STUDENT CONDUCT.
   C.  ALL  INSTITUTION POLICY-MAKING BODIES SHALL HAVE STUDENT REPRESEN-
 TATION ON SUCH BODY IN POLICY-MAKING  ROLES  FOR  ANY  POLICY  AFFECTING
 STUDENTS.
   D.  ALL  STUDENTS  SHALL HAVE ACCESS TO DESIGNATED STUDENT FREE SPEECH
 SPACES ON CAMPUS.
   E. (I) A STUDENT JOURNALIST SHALL HAVE  THE  RIGHT  TO  EXERCISE  FREE
 SPEECH  AND  OF  THE PRESS IN INSTITUTION-SPONSORED MEDIA, REGARDLESS OF
 WHETHER THE MEDIA IS SUPPORTED FINANCIALLY BY THE INSTITUTION OR BY  USE
 OF  THE  FACILITIES  OF AN INSTITUTION OR PRODUCED IN CONJUNCTION WITH A
 CLASS IN WHICH THE STUDENT IS ENROLLED.
   (II) A STUDENT JOURNALIST SHALL BE  RESPONSIBLE  FOR  DETERMINING  THE
 NEWS, OPINION, AND FEATURE CONTENT OF SCHOOL-SPONSORED MEDIA.
   (III) THERE SHALL BE NO PRIOR RESTRAINT OF MATERIAL PREPARED FOR OFFI-
 CIAL PUBLICATIONS OF AN INSTITUTION EXCEPT FOR THE MATERIAL DESCRIBED IN
 SUBPARAGRAPH (VI) OF THIS PARAGRAPH.
   (IV)  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 PARAGRAPH; AND FURTHER NO STUDENT MEDIA ADVISOR OR
 EMPLOYEE  SHALL BE DISMISSED, SUSPENDED, DISCIPLINED, REASSIGNED, TRANS-
 FERRED OR OTHERWISE RETALIATED AGAINST SOLELY FOR AN ACTION,  UNDERTAKEN
 IN  GOOD  FAITH WITH THIS PARAGRAPH, WHICH RESULTS IN THE PROHIBITION OF
 THE PUBLICATION OF SPEECH PURSUANT TO THIS PARAGRAPH.
   (V) NOTHING IN THIS PARAGRAPH 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.
   (VI)  NOTHING  IN  THIS  PARAGRAPH  SHALL IMPOSE A DUTY ON INSTITUTION
 ADMINISTRATORS TO REVIEW SCHOOL-SPONSORED MEDIA PRIOR TO PUBLICATION. TO
 THE EXTENT THAT AN INSTITUTION ADMINISTRATOR CHOOSES TO ENGAGE  IN  PRE-
 S. 5632                             3
 
 PUBLICATION  REVIEW,  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 WHERE
 SUCH UNLAWFUL ACT WOULD BE BOTH IMMINENT AND LIKELY TO OCCUR, TO VIOLATE
 THE POLICIES OF THE INSTITUTION,  OR  TO  MATERIALLY  AND  SUBSTANTIALLY
 DISRUPT THE ORDERLY OPERATION OF SUCH INSTITUTION.
   (VII) NO EXPRESSION MADE BY STUDENTS IN THE EXERCISE OF FREE SPEECH OR
 FREEDOM  OF  THE PRESS PROTECTED BY THIS PARAGRAPH SHALL BE DEEMED TO BE
 AN EXPRESSION OF POLICY, OPINION OR POSITION  OF  THE  INSTITUTION,  NOR
 SHALL  ANY SUCH EXPRESSION BE CONSIDERED TO BE AN ENDORSEMENT IN ANY WAY
 BY THE INSTITUTION AND NO INSTITUTION, STUDENT MEDIA ADVISOR,  EMPLOYEE,
 PARENT,  LEGAL GUARDIAN OR ADMINISTRATOR OF AN 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 PARAGRAPH SHALL  BE  CONSTRUED  TO  CREATE  ANY  PRIVATE
 ACTION  ON  BEHALF  OF  A  STUDENT  OTHER THAN TO SEEK INJUNCTIVE RELIEF
 ALLOWING THE PUBLICATION OF THE SPEECH IN QUESTION.
   (VIII) POLITICAL EXPRESSION  BY  STUDENTS  IN  SCHOOL-SPONSORED  MEDIA
 SHALL NOT BE DEEMED THE USE OF PUBLIC FUNDS FOR POLITICAL PURPOSES.
   §  2.  This act shall take effect on the first of July next succeeding
 the date on which it shall have become a law.

2025-S5632A (ACTIVE) - Details

See Assembly Version of this Bill:: A7400
Current Committee:: Senate Higher Education
Law Section:: Education Law
Laws Affected:: Add Art 129-C §6450, Ed L

2025-S5632A (ACTIVE) - Summary

Implements a students' bill of rights for state university of New York and city university of New York institutions to guarantee certain rights to students at such institutions.

2025-S5632A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S5632A

SPONSOR: JACKSON
 
TITLE OF BILL:

An act to amend the education law, in relation to implementing a
students' bill of rights for state university of New York and city
university of New York institutions

 
PURPOSE:

This bill establishes a "Students' Bill of Rights" for SUNY and CUNY
institutions to protect student expression, participation, and represen-
tation in campus governance, fostering a more accountable and inclusive
educational environment.

 
SUMMARY OF PROVISIONS:

Section 1 amends the education law by adding a new article 129-C. The
section outlines the implementation of a "Students' Bill of Rights" for
colleges and universities.

Institutions are required to adopt written rules to implement this
section, amending their codes of conduct or similar policies, and to
provide copies of these rules to all enrolled students and post them on
their websites. The Bill of Rights includes provisions for student
communication, ensuring elected student leaders can message the student
body without prior restraint, student participation in conduct cases,
representation in policy-making bodies, and access to free speech spaces
on campus. It affirms student journalists' right to exercise free speech
and press in school-sponsored media, including determining content with-
out prior restraint, while also outlining the responsibilities of
student media advisors. It provides that the student body shall decide
how funds from student activity fees are allocated as long as such allo-
cation conforms with the student activity fee policies of the institu-
tion.

Additionally, it delineates expressions that are not protected under the
Bill of Rights, such as libelous or unlawful expressions.  Finally, it
clarifies that political expressions by students in school-sponsored
media do not constitute public funding for political purposes.

Section 2 sets the effective date.

 
JUSTIFICATION:

The bill emphasizes the paramount importance of establishing a compre-
hensive framework for safeguarding students' rights and ensuring their
active participation within educational institutions.  By mandating that
each institution adopt written rules and amend its code of conduct, the
legislation seeks to create an environment that is transparent and
accountable, fostering a culture of respect and understanding among
students, faculty, and administration.

The requirement for institutions to provide copies of these rules to all
enrolled students highlights the commitment to informed consent and
engagement. It acknowledges that students must be aware of their rights
and the policies governing their conduct to fully participate in campus
life. This approach is crucial in creating a supportive educational
atmosphere where students feel empowered to voice their concerns and
advocate for their rights.

Furthermore, the establishment of a "Students' Bill of Rights" addresses
critical aspects of student life, including free expression and repre-
sentation. By allowing elected student leaders to communicate without
prior restraint, the legislation promotes an open dialogue on campus,
ensuring that diverse perspectives are heard and considered. This not
only enriches the educational experience but also prepares students for
civic engagement beyond their time in school.

The provisions regarding student participation in conduct cases and
policy-making bodies reflect a commitment to inclusivity and shared
governance. By incorporating student voices into these processes, insti-
tutions can better understand the needs and concerns of their student
populations, leading to more effective policies and a stronger sense of
community.

Additionally, the emphasis on designated free speech spaces and
protections for student journalists reinforces the importance of free
expression as a cornerstone of academic freedom. This commitment to
protecting student media ensures that journalism can thrive in educa-
tional settings, allowing students to engage critically with the world
around them.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

Minimal.

 
EFFECTIVE DATE:
This act shall take effect on the first of July next succeeding the date
on which it shall have become a law.

2025-S5632A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5632--A
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 26, 2025
                                ___________
 
 Introduced  by  Sen. JACKSON -- read twice and ordered printed, and when
   printed to be committed  to  the  Committee  on  Higher  Education  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee
 
 AN ACT to amend  the  education  law,  in  relation  to  implementing  a
   students'  bill  of  rights  for state university of New York and city
   university of New York institutions
 
   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 129-C
 to read as follows:
                               ARTICLE 129-C
    IMPLEMENTATION BY COLLEGES AND UNIVERSITIES OF A STUDENTS' BILL OF
                                  RIGHTS
 SECTION 6450. STUDENTS' BILL OF RIGHTS.
   § 6450. STUDENTS' BILL OF RIGHTS. 1. AS  USED  IN  THIS  SECTION,  THE
 FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   A.  "INSTITUTION"  SHALL  MEAN  ANY COLLEGE OR UNIVERSITY IN THE STATE
 UNIVERSITY OF NEW YORK OR CITY UNIVERSITY OF NEW YORK.
   B. "SCHOOL-SPONSORED MEDIA" MEANS ANY MATERIAL THAT IS PREPARED, WRIT-
 TEN, PUBLISHED, OR BROADCAST BY A STUDENT JOURNALIST AT AN  INSTITUTION,
 DISTRIBUTED  OR  GENERALLY MADE AVAILABLE TO MEMBERS OF THE STUDENT BODY
 OR THE PUBLIC. "SCHOOL-SPONSORED MEDIA" SHALL NOT INCLUDE MEDIA INTENDED
 FOR DISTRIBUTION OR TRANSMISSION SOLELY IN THE CLASSROOM  IN  WHICH  THE
 MEDIA IS PRODUCED.
   C. "STUDENT JOURNALIST" MEANS A STUDENT ENROLLED IN AN INSTITUTION WHO
 GATHERS,  COMPILES,  WRITES,  EDITS,  PHOTOGRAPHS,  RECORDS, OR PREPARES
 INFORMATION FOR DISSEMINATION IN SCHOOL-SPONSORED MEDIA.
   D. "STUDENT MEDIA ADVISOR" MEANS AN INDIVIDUAL EMPLOYED, APPOINTED, OR
 DESIGNATED BY AN INSTITUTION TO SUPERVISE OR PROVIDE INSTRUCTION  RELAT-
 ING TO SCHOOL-SPONSORED MEDIA.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10141-03-5

 S. 5632--A                          2
 
   2.  EVERY  INSTITUTION  SHALL  ADOPT  WRITTEN  RULES IMPLEMENTING THIS
 SECTION BY AMENDING ITS CODE OF CONDUCT OR OTHER COMPARABLE POLICIES.  A
 COPY OF SUCH RULES AND POLICIES SHALL BE PROVIDED BY EACH INSTITUTION TO
 ALL  STUDENTS  ENROLLED  IN  SAID  INSTITUTION USING A METHOD AND MANNER
 APPROPRIATE  TO  ITS  INSTITUTIONAL CULTURE. EACH INSTITUTION SHALL ALSO
 POST SUCH RULES AND POLICIES ON ITS  WEBSITE  IN  AN  EASILY  ACCESSIBLE
 MANNER TO THE PUBLIC.
   3.   EVERY   INSTITUTION  SHALL  ADOPT  AND  IMPLEMENT  THE  FOLLOWING
 "STUDENTS' BILL OF RIGHTS":
   A. (I) THE ELECTED STUDENT LEADER SHALL BE ABLE TO MESSAGE THE STUDENT
 BODY THROUGH E-MAIL, OR A SUBSTANTIALLY EQUIVALENT  SYSTEM  UTILIZED  BY
 THE  INSTITUTION  TO  COMMUNICATE  WITH  THE STUDENT BODY, WITHOUT PRIOR
 RESTRAINT OF MATERIAL INCLUDED IN SUCH MESSAGE OR  COMMUNICATION  EXCEPT
 FOR  MATERIAL  DESCRIBED  IN  SUBPARAGRAPH  (VI)  OF PARAGRAPH E OF THIS
 SUBDIVISION.
   (II) NO  EXPRESSION  MADE  BY  AN  ELECTED  STUDENT  LEADER  WHICH  IS
 PROTECTED BY THIS PARAGRAPH SHALL BE DEEMED TO BE AN EXPRESSION OF POLI-
 CY,  OPINION  OR  POSITION  OF  THE  INSTITUTION,  NOR  SHALL  ANY  SUCH
 EXPRESSION BE CONSIDERED TO BE AN ENDORSEMENT IN ANY WAY BY THE INSTITU-
 TION AND NO INSTITUTION, EMPLOYEE, PARENT, LEGAL GUARDIAN OR ADMINISTRA-
 TOR OF AN INSTITUTION SHALL BE HELD LIABLE  IN  ANY  CIVIL  OR  CRIMINAL
 ACTION  FOR  ANY EXPRESSION MADE BY AN ELECTED STUDENT LEADER, EXCEPT IN
 CASES OF WILLFUL OR WANTON MISCONDUCT. NOTHING IN THIS  PARAGRAPH  SHALL
 BE  CONSTRUED  TO CREATE ANY PRIVATE ACTION ON BEHALF OF A STUDENT OTHER
 THAN TO SEEK INJUNCTIVE RELIEF ALLOWING THE MESSAGING  OR  COMMUNICATION
 IN QUESTION.
   B.  ALL  STUDENT CONDUCT CASES SHALL HAVE STUDENT PARTICIPATION ON THE
 BODY JUDGING STUDENT CONDUCT.
   C. ALL INSTITUTION POLICY-MAKING BODIES SHALL HAVE  STUDENT  REPRESEN-
 TATION  ON  SUCH  BODY  IN  POLICY-MAKING ROLES FOR ANY POLICY AFFECTING
 STUDENTS.
   D. ALL STUDENTS SHALL HAVE ACCESS TO DESIGNATED  STUDENT  FREE  SPEECH
 SPACES ON CAMPUS.
   E.  (I)  A  STUDENT  JOURNALIST  SHALL HAVE THE RIGHT TO EXERCISE FREE
 SPEECH AND OF THE PRESS IN INSTITUTION-SPONSORED  MEDIA,  REGARDLESS  OF
 WHETHER  THE MEDIA IS SUPPORTED FINANCIALLY BY THE INSTITUTION OR BY USE
 OF THE FACILITIES OF AN INSTITUTION OR PRODUCED IN  CONJUNCTION  WITH  A
 CLASS IN WHICH THE STUDENT IS ENROLLED.
   (II)  A  STUDENT  JOURNALIST  SHALL BE RESPONSIBLE FOR DETERMINING THE
 NEWS, OPINION, AND FEATURE CONTENT OF SCHOOL-SPONSORED MEDIA.
   (III) THERE SHALL BE NO PRIOR RESTRAINT OF MATERIAL PREPARED FOR OFFI-
 CIAL PUBLICATIONS OF AN INSTITUTION EXCEPT FOR THE MATERIAL DESCRIBED IN
 SUBPARAGRAPH (VI) OF THIS PARAGRAPH.
   (IV)  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 PARAGRAPH; AND FURTHER NO STUDENT MEDIA ADVISOR OR
 EMPLOYEE SHALL BE DISMISSED, SUSPENDED, DISCIPLINED, REASSIGNED,  TRANS-
 FERRED  OR OTHERWISE RETALIATED AGAINST SOLELY FOR AN ACTION, UNDERTAKEN
 IN GOOD FAITH WITH THIS PARAGRAPH, WHICH RESULTS IN THE  PROHIBITION  OF
 THE PUBLICATION OF SPEECH PURSUANT TO THIS PARAGRAPH.
   (V)  NOTHING  IN THIS PARAGRAPH 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.
 S. 5632--A                          3
 
   (VI) NOTHING IN THIS PARAGRAPH SHALL  IMPOSE  A  DUTY  ON  INSTITUTION
 ADMINISTRATORS TO REVIEW SCHOOL-SPONSORED MEDIA PRIOR TO PUBLICATION. TO
 THE  EXTENT  THAT AN INSTITUTION ADMINISTRATOR CHOOSES TO ENGAGE IN PRE-
 PUBLICATION REVIEW, 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 WHERE
 SUCH UNLAWFUL ACT WOULD BE BOTH IMMINENT AND LIKELY TO OCCUR, TO VIOLATE
 THE POLICIES OF THE INSTITUTION,  OR  TO  MATERIALLY  AND  SUBSTANTIALLY
 DISRUPT THE ORDERLY OPERATION OF SUCH INSTITUTION.
   (VII) NO EXPRESSION MADE BY STUDENTS IN THE EXERCISE OF FREE SPEECH OR
 FREEDOM  OF  THE PRESS PROTECTED BY THIS PARAGRAPH SHALL BE DEEMED TO BE
 AN EXPRESSION OF POLICY, OPINION OR POSITION  OF  THE  INSTITUTION,  NOR
 SHALL  ANY SUCH EXPRESSION BE CONSIDERED TO BE AN ENDORSEMENT IN ANY WAY
 BY THE INSTITUTION AND NO INSTITUTION, STUDENT MEDIA ADVISOR,  EMPLOYEE,
 PARENT,  LEGAL GUARDIAN OR ADMINISTRATOR OF AN 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 PARAGRAPH SHALL  BE  CONSTRUED  TO  CREATE  ANY  PRIVATE
 ACTION  ON  BEHALF  OF  A  STUDENT  OTHER THAN TO SEEK INJUNCTIVE RELIEF
 ALLOWING THE PUBLICATION OF THE SPEECH IN QUESTION.
   (VIII) POLITICAL EXPRESSION  BY  STUDENTS  IN  SCHOOL-SPONSORED  MEDIA
 SHALL NOT BE DEEMED THE USE OF PUBLIC FUNDS FOR POLITICAL PURPOSES.
   F.  THE ELECTED STUDENT GOVERNMENT SHALL DECIDE HOW FUNDS FROM STUDENT
 ACTIVITY FEES ARE ALLOCATED. WHERE  AN  INSTITUTION  DOES  NOT  HAVE  AN
 ELECTED  STUDENT GOVERNMENT, SUCH INSTITUTION SHALL DEVELOP A PROCESS TO
 ALLOW FOR THE STUDENT BODY TO DETERMINE HOW STUDENT  ACTIVITY  FEES  ARE
 ALLOCATED. AN INSTITUTION SHALL NOT BLOCK A STUDENT ACTIVITY FEE FUNDING
 ALLOCATION  DECISION  MADE  PURSUANT  TO  THIS PARAGRAPH AS LONG AS SUCH
 ALLOCATION CONFORMS WITH THE STUDENT ACTIVITY FEE POLICIES OF THE INSTI-
 TUTION.
   § 2. This act shall take effect on the first of July  next  succeeding
 the date on which it shall have become a law.

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