California bill to rein in ‘hate littering’ heads to Newsom’s desk

SAN DIEGO (FOX 5/KUSI) — A bill to crack down on “hate littering” in California cities is now before Gov. Gavin Newsom for final approval.

Assembly Bill 3024, authored by Asm. Chris Ward (D-San Diego), would expand state civil rights law to curb the distribution of materials like pamphlets or flyers on private property that contain threatening speech with the intention of intimidating members of a protected class.

Also known as “hate littering,” this practice has become an increasing issue for neighborhoods across California. The surge in these incidents, which included several in San Diego that inspired the bill, mirror a wider rise in hate crimes based on race, religion or sexual orientation.

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“These anti-Semitic, anti-LGBTQ and other hateful messages are being left on our windshields, in our driveways, and on our front doors, and there’s been an alarming uptick in distribution in recent years,” Ward said. “The Stop Hate Littering Act sends a clear message to these bigots that your tactics will not divide us, and you will be held accountable for your actions.”

Under the bill, those targeted by acts of hate littering would be able to seek civil damages from the individual behind the distribution of the materials.

This remediation mechanism was created as part of the landmark Ralph Civil Rights Act of 1976, which made it unlawful to threaten or enact violence against an individual because of their actual or perceived characteristics like race, religion or sexual orientation.

Such threats laid out in the previous law included the burning or desecration of a cross on a private property without authorization from the owner in order to intimidate, an action historically linked to violence committed by members of the Ku Klux Klan.

Proponents of the bill like the Anti-Defamation League, an advocacy group against antisemitism, argue it would make necessary improvements to strengthen the decades-old law with new accountability tools and make it applicable to modern tactics.

However, the bill still faces an uphill battle, as it is likely to draw legal challenges over First Amendment grounds.

Courts have largely given wide latitude to First Amendment claims, only narrowly allowing governments to penalize speech under certain circumstances.

This includes if a form of speech is a “true threat” — or if there is legitimate belief that the recipient of the speech is in imminent danger. To meet this standard, the government must identify the speaker’s intent and whether a person would reasonably fear harm by a statement.

Intent with hate littering could be hard to pinpoint as it is often an anonymous act, which is partially why it has been hard for prosecutors or other law enforcement officials to counteract.

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Supporters of AB 3024 argue hate littering has made homeowners fearful of violence and can reasonably be considered a “true threat.” Although opponents contend it could lead to an overly broad limiting of speech given the practice’s faceless nature, thus obfuscating intent.

“AB 3024 invites discriminatory civil actions to be wielded as a tool for the distribution of materials that express disfavored views or views that property owners disagree with and find upsetting yet do not target or intend to place any individual in fear of bodily harm or death,” the the American Civil Liberties Union California Action wrote to the legislature to oppose the bill.

Gov. Newsom has until Oct. 30 to either sign or veto the bill. Should he veto it, the legislature will have the option to override the disapproval by a two-thirds vote by both the State Senate and the Assembly.

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