California lawmaker aims to ban distribution of hate flyers
SACRAMENTO — The number of hate-motivated crimes in California has risen 20% in just one year. Now, there's a new effort to stop people from distributing flyers that contain hateful speech.
From Folsom and east Sacramento to Amador County, hate flyers are being left on people's cars and homes.
"These types of activities are intended to make our neighborhoods a scary place to be," said Robb Layne, co-president of the Jewish Federation of Sacramento.
The flyers include racist, homophobic or antisemitic language.
Law enforcement officials say arresting suspects for these types of incidents is a legal gray area. Unless they contain intimidation or threats of violence, hate speech is protected under the First Amendment.
"It compromises our ability to feel like we can be out in the community as proud Jews," Layne said.
Layne added that it's frustrating that cases cannot be prosecuted.
"Free speech doesn't mean you're free to intimidate your neighbors," he said.
Now, state Assemblymember Chris Ward (D-San Diego) is introducing a bill to make it easier to penalize people who distribute them.
"These flyers are highly personal and allow these cowards to attempt to remain anonymous in the shadows escaping accountability, but no more," Ward said.
The bill modifies California's existing Civil Rights Act to allow a $25,000 penalty against anyone who places flyers on private property for the purpose of terrorizing the owner.
Would this civil rights bill violate free speech laws? McGeorge School of Law Professor Leslie Jacobs said no.
"They are directing speech on private property to specific people and intending to threaten them, then that is not protected," Jacobs said.
People in communities that have been targeted say they hope it discourages future hateful incidents.
"These types of laws are needed," Layne said. "They're wanted, and they're going to create safer communities."
A judiciary committee hearing on AB 3024 – the Stop Hate Littering Act – is scheduled in early April.
