Random Bill Blogging: AB 412 Nooses

PhotobucketI haven’t done any random bill blogging for a while, but I figured as we’re in this holding pattern, why not squeeze one in today?  So, how about AB 412 authored by Assembly Member Wilmer Amina Carter (D-Rialto).

Essentially the bill would ban the hanging of nooses to intimidate:

This bill would provide that any person who hangs a noose, knowing it to be a symbol representing a threat to life, on the property of another, without authorization, for the purpose of terrorizing the owner or occupant of that private property … shall be punished by imprisonment in a county jail not to exceed one year, or by a fine not to exceed $5,000…

A rather simple bill really.  While it could be argued that this is already illegal under other statutes, it is good to get this on record.  it should be noted that it is clearly not illegal, for free speech concerns, to hang a noose on your own property.  As distasteful as it is, that would be struck down under the First Amendment.  This bill seems to be narrowly tailored enough that there won’t be any substantial questions of free speech.

The bill is pretty much sailing through the Legislature, and was approved by unanimous votes in all committees and in both chambers.  It should be on Arnold’s desk soon, and will likely be signed.