by Erin Vallely

Everyone in the United States must follow, and is protected by, federal laws.  Federal laws are rules that apply to every citizen in the United States.  No citizen can be denied their rights.  Additionally, each state in the United States also has its own government and laws.  New York State has its own Constitution and government system that is modeled after the federal government system.  It has an executive branch, a legislative branch, and a judicial branch.  Just like the United States Constitution, the New York State Constitution lays out the most important information people need to know about the laws people must follow, and the rights they have, when they are in New York.   

History of New York State Constitution 

The first New York Constitution was adopted by the Convention of Representatives of the State of New York on April 20th, 1777. New constitutions were written and used in 1821, 1846, 1894, and 1938.  Since 1938, the constitution has been adjusted several times.  Although the first Constitution became law in 1777, it was not until 1787 that the Bill of Rights was added to it.  The Bill of Rights is the first part of the Constitution and explains what rights every New York citizen has.  Although the Bill of Rights has been adjusted multiple times, along with other constitutional amendments, it has maintained its place as the first part of our state constitution.   

New York State Bill of Rights 

• Right to Rights.  “§1. No member of this state shall be disfranchised, or deprived of any of the rights or privileges secured to any citizen thereof, unless by the law of the land, or the judgment of his or her peers.”  This means everyone has the same rights and freedoms as everyone else in New York.  People’s rights cannot be changed or denied unless laws are changed, or a jury decides they should not have the same rights as others.  This helps ensure everyone has equal access to the protections the New York State Constitution provides. 

• Freedom of Speech. “§8. Every citizen may freely speak, write and publish his or her sentiments on all subjects, being responsible for the abuse of that right; and no law shall be passed to restrain or abridge the liberty of speech or of the press.”  This means you cannot get in legal trouble for sharing your thoughts about things.  Everyone may freely speak, write, and publish their thoughts on all subjects, as long as they are not lying about someone, being vulgar, or encouraging violence.  It is illegal to knowingly lie about someone with the intent of causing harm to that person.   

• Assembly and Petitioning. “§9. No law shall be passed abridging the rights of the people peaceably to assemble and to petition the government, or any department thereof.”  This means you are allowed to gather with anyone you want to and ask the government to do something about an issue.  Peaceably gathering means that you can gather as long as you are calm and respectful to the people around you and the environment you are in. You cannot be violent or disrupt what other people are doing.   

• Anti-Discrimination.  “§11. No person shall be denied the equal protection of the laws of this state or any subdivision thereof. No person shall, because of race, color, ethnicity, national origin, age, disability, creed, religion, or sex, including sexual orientation, gender identity, gender expression, pregnancy, pregnancy outcomes, and reproductive healthcare and autonomy, be subjected to any discrimination in their civil rights by any other person or by any firm, corporation, or institution, or by the state or any agency or subdivision of the state.”  This means that everyone is protected from discrimination, regardless of who you are or your life circumstances.  This applies to all topics such as education, healthcare, employment, government services, and community participation.   

• Search and Seizure.  “§12. The right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”  This means that law enforcement officials cannot search you or your things without a good reason.  A warrant is a document that a judge has signed that explains what they are searching for and why.  A warrant can be for a person who has committed a crime, or for items such as guns or other weapons used in a crime.  If a law enforcement official wants to search something and does not have a warrant, you can say no to their request. 

Get Involved! 

Although law is complex, it is important to educate yourself on your rights, how you are impacted by the law, and the legal protections you have.  Here’s some resources that can help you get started. 

• Read the entire New York State Constitution at https://dos.ny.gov/system/files/documents/2025/01/constitution-january-1-2025.pdf  

• Learn more about the New York State government and services available to you at https://www.ny.gov/  

• Learn about all your rights on the Attorney General’s website at https://ag.ny.gov/i-want/know-my-rights  

If you have questions about the information above, or need help advocating for yourself or your child’s rights, please contact ATI at 607-753-7363 or by email at info@aticortland.org.