Bill Text: NJ S4324 | 2026-2027 | Regular Session | Introduced
Bill Title: Establishes "Academic Freedom in Higher Education Protection Act."
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced) 2026-05-21 - Introduced in the Senate, Referred to Senate Higher Education Committee [S4324 Detail]
Download: New_Jersey-2026-S4324-Introduced.html
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.
