A new California bill ostensibly designed to punish “hateful messaging” could threaten constitutionally protected free speech. AB 3024, proposed by Assembly member Chris Ward, D-San Diego, as a bill to “curb hate littering,” would expand the state’s definition of “intimidation by threat of violence” in the state's civil code to include “distribution of hateful materials on the private property of another without authorization for the purpose of terrorizing … in reckless disregard of the risk of terrorizing the owner or occupant of that private property.” The bill defines “terrorizing” as causing “a person of ordinary emotions and sensibilities to fear for personal safety.” Those who commit hate littering could be sued in civil court by victims for “actual damages suffered … and, in addition, exemplary damages, a civil penalty of $25,000, and attorney’s fees.”
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