“Hate speech” is notoriously hard to define and is usually a subjective characterization of harsh words. Though the term is thrown around by people describing comments they don’t like, it generally refers to expression that might not be nice but is protected by the First Amendment to the United States Constitution as well as state speech protections. But that’s not going to stop California lawmakers from trying to hector people into refraining from voicing nasty sentiments.
Existing California law requires employers with five or more employees to provide at least two hours of training regarding sexual harassment to all supervisors, and at least one hour of training to all other employees, repeated every two years. Assembly Bill 1803, introduced by Assemblymembers Josh Lowenthal (D–Long Beach) and Rick Chavez Zbur (D–Los Angeles) and co-authored by Assemblymember Corey Jackson (D–Moreno Valley), “would additionally require that the above-described training and education include, as a component of the training and education, anti-hate speech training.”
In a press release, Lowenthal claims that “AB 1803 is about making our workplaces safer, more respectful, and more inclusive for everyone. Hate speech has no place on the job, just as sexual harassment has no place on the job. By incorporating anti hate speech training into existing sexual harassment prevention programs, we are building on a proven framework to address harmful behavior before it escalates.”
What the world really doesn’t need, it should be noted, is more state-mandated nagging about the allegedly naughty activities we shouldn’t engage in. As PBS’s Rhana Natour reported in 2018, “there’s little evidence that sexual harassment training works.” A 2016 U.S. Equal Opportunity Employment Commission report concluded that “much of the training done over the last 30 years has not worked as a prevention tool—it’s been too focused on simply avoiding legal liability.” Research by Justine Tinkler, a sociologist at the University of Georgia, found that such training mostly reinforces traditional views of sex roles by portraying men as predators and women as victims. But training is an effective time suck.
Hate speech has the added burden of being primarily a political term used to describe expression that somebody doesn’t like. This makes it very difficult to describe in an actionable way in a country that has vigorous speech protections. California’s lawmakers have not risen to the challenge.
Hellbound and Down 