Senate Bill S7536

2025-2026 Legislative Session

Ensures free speech on all college and university campuses within the state

download bill text pdf

Sponsored By

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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2025-S7536 (ACTIVE) - Details

See Assembly Version of this Bill:
A3942
Current Committee:
Senate Higher Education
Law Section:
Education Law
Laws Affected:
Add §6438-d, Ed L

2025-S7536 (ACTIVE) - Summary

Ensures free speech on all college and university campuses within the state; creates a cause of action for those who have their freedom of speech infringed upon by a college or university.

2025-S7536 (ACTIVE) - Sponsor Memo

2025-S7536 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7536
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                              April 22, 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 ensuring  free  speech
   on all college and university campuses within the state
 
   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 section 6438-d
 to read as follows:
   § 6438-D. FREE SPEECH PROTECTIONS. 1. THE TRUSTEES OR OTHER  GOVERNING
 BOARD  OF  EVERY  COLLEGE  CHARTERED  BY  THE REGENTS OR INCORPORATED BY
 SPECIAL ACT OF THE LEGISLATURE AND  WHICH  MAINTAINS  A  CAMPUS,  UNLESS
 OTHERWISE  PROVIDED, SHALL ADOPT WRITTEN RULES FOR IMPLEMENTING A POLICY
 ON FREE SPEECH. SUCH POLICY SHALL INCLUDE, BUT NOT BE LIMITED  TO,  THAT
 SUCH  COLLEGE  SHALL  NOT MAKE OR ENFORCE A RULE SUBJECTING A STUDENT TO
 DISCIPLINARY SANCTIONS SOLELY ON THE BASIS OF CONDUCT THAT IS SPEECH  OR
 OTHER COMMUNICATION THAT, WHEN ENGAGED IN OUTSIDE THE CAMPUS OR FACILITY
 OF SUCH COLLEGE, IS PROTECTED FROM GOVERNMENTAL RESTRICTION BY THE FIRST
 AMENDMENT OF THE UNITED STATES CONSTITUTION AND SECTION EIGHT OF ARTICLE
 ONE OF THE NEW YORK STATE CONSTITUTION.
   2. THIS SECTION SHALL NOT:
   (A)  APPLY  TO A PRIVATE POSTSECONDARY EDUCATIONAL INSTITUTION THAT IS
 CONTROLLED BY A RELIGIOUS ORGANIZATION, TO THE EXTENT THAT THE  APPLICA-
 TION  OF  THIS SECTION WOULD NOT BE CONSISTENT WITH THE RELIGIOUS TENETS
 OF THE ORGANIZATION.
   (B) AUTHORIZE THE PRIOR RESTRAINT OF STUDENT SPEECH.
   (C) PROHIBIT THE IMPOSITION OF DISCIPLINE FOR HARASSMENT, THREATS,  OR
 INTIMIDATION, UNLESS CONSTITUTIONALLY PROTECTED.
   (D) PROHIBIT AN INSTITUTION FROM ADOPTING RULES, REGULATIONS, OR POLI-
 CIES  THAT  ARE DESIGNED TO PREVENT HATE FROM BEING DIRECTED AT STUDENTS
 IN A MANNER THAT DENIES THEM THEIR FULL PARTICIPATION IN THE EDUCATIONAL
 PROCESS, SO LONG AS THE  RULES  AND  REGULATIONS  CONFORM  TO  STANDARDS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05967-01-5

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