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S4324
SENATE, No. 4324
STATE OF NEW JERSEY
222nd LEGISLATURE
�
INTRODUCED MAY 21, 2026
Sponsored by:
Senator� ANDREW ZWICKER
District 16 (Hunterdon, Mercer, Middlesex and Somerset)
SYNOPSIS
���� Establishes �Academic Freedom in Higher Education
Protection Act.�
CURRENT VERSION OF TEXT
���� As introduced.
��
An Act
concerning academic freedom in higher education and
supplementing Title 18A of the New Jersey Statutes.
����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:
���� 1.��� This act shall be known
and may be cited as the �Academic Freedom in Higher Education Protection Act.�
���� 2.��� The Legislature finds
and declares that:
���� a.���� Safeguarding academic
freedom at institutions of higher education in the State is of vital importance
to all New Jersey residents.
���� b.��� Governmental
interference with the historic independence and academic freedom of
institutions of higher education to make operational and academic decisions is
detrimental to higher education�s mission to promote research, scholarship, and
other creative pursuits for the betterment of society and to encourage freedom
of thought and expression, critical thinking, the free exchange of ideas, and
robust debate on political, social, and economic issues.
���� c.���� The autonomy provided
to institutions of higher education, as enshrined in State law for many years,
is vital to the preservation of democracy, the production and dissemination of
ideas, and the fostering of a respectful and welcoming atmosphere to all individuals
who participate in academia.
���� d.��� Therefore, that it is
fitting and proper to continue providing for the independence and academic
freedom of institutions of higher education.
���� 3.��� a.� As used in this
section,
���� �Faculty� means all employees
with pedagogical, research, scholarship, or creative responsibilities,
including all full-time and part-time faculty, instructors, and librarians
regardless of rank or title.
���� �Governing board� means a
board of trustees, board of governors, or other body corporate that exercises
governing authority over an institution of higher education.
���� �Institution of higher
education� and �institution� mean a public research university, State college,
and county college as defined in section 3 of P.L.1994, C.48 (C.18A:3B-3), and
a private institution of higher education as defined in section 2 of P.L.1985,
c.103 (C.18A:64J-2).
���� b.��� Notwithstanding any law,
rule, or regulation to the contrary, the governing body of an institution of
higher education shall have the authority to make academic and other decisions,
consistent with the institution�s policies and standards, without interference
from the Executive Branch of State Government or any subdivision, agency, or
authority of State government, including the Office of the Secretary of Higher
Education, except that the Secretary of Higher Education shall continue to
exercise the responsibilities enumerated in section 14 of P.L.1994, c.48
(C.18A:3B-14).� Academic and other decisions include, but are not limited to,
decisions concerning curriculum, faculty hiring and retention, student
admissions, degree requirements, and standards for the establishment and
evaluation of new and existing academic programs that do not exceed the
institution�s programmatic mission.
���� c.���� (1)� Notwithstanding
any law, rule, or regulation to the contrary, faculty employed at an
institution of higher education shall have the academic freedom to teach,
research, create, engage in scholarship, publish, and engage in related
activities, subject to peer evaluation and review, as appropriate, and as
consistent with the institution�s policies and standards, without interference
from the Executive Branch of State Government or any subdivision, agency, or
authority of State government, including any county or municipal government
entity.
���� (2)�� The academic freedom to
teach, research, create, and publish without interference includes, but is not
limited to, the right to determine curriculum, including the selection of
instructional materials, determine methods of instruction, assess student academic
performance, choose research topics, determine research methodologies, publish
research findings and creative works, offer lectures, and participate in
speaking engagements, panels, and conferences, consistent with the
institution�s policies and procedures.
���� 4.��� a.� Complaints of
violations of the provisions of this act may be filed with the Superior Court
of New Jersey pursuant to the Rules of the Court of the State of New Jersey.
���� b.��� If a request for a
preliminary injunction is made as part of a complaint filed pursuant to this
section, the court shall issue a preliminary injunction if the complainant
demonstrates by a preponderance of the evidence that:
���� (1)�� immediate, irreparable
harm will occur if the injunction is not issued; and
���� (2)�� there is a likelihood of
success on the merits of the complaint.
���� c.���� The court may order the
payment of reasonable attorney�s fees and costs to the complainant during any
phase of the litigation in which the complainant is determined to be the
prevailing party, including upon the issuance of a preliminary injunction.
���� 5.��� This act shall take
effect immediately.
STATEMENT
���� This bill establishes the
�Academic Freedom in Higher Education Protection Act.�� The bill provides that
institutions of higher education have the authority to make academic and other
decisions, consistent with the institution�s policies and standards, without
interference from the Executive Branch of State Government or any subdivision,
agency, or authority of State government, including the Office of the Secretary
of Higher Education.� The bill clarifies, however, that the Secretary of Higher
Education retains certain authority provided in State law, such as the
authority to develop a comprehensive master plan for higher education and make
final administrative decisions over changes in an institution�s programmatic
mission as well as new academic programs that go beyond the programmatic
mission of institutions of higher education.� The bill also provides that
faculty employed at institutions of higher education have the academic freedom
to teach, research, create, engage in scholarship, publish, and engage in
related activities, as consistent with the institution�s policies and
standards, without interference from the Executive Branch of State Government
or any subdivision, agency, or authority of State government, including any
county or municipal government entity.
���� The bill provides that
complaints of violations of the bill�s provisions may be filed with the
Superior Court of New Jersey.� Under the bill, if a request for a preliminary
injunction is made as part of a complaint, the court is required to issue a
preliminary injunction if the complainant demonstrates by a preponderance of
the evidence that: immediate, irreparable harm will occur if the injunction is
not issued; and there is a likelihood of success on the merits of the
complaint.� The bill permits the court to award attorney�s fees in certain
circumstances to the prevailing party, including upon the issuance of a
preliminary injunction.