BILL ANALYSIS �
AB 2444
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CONCURRENCE IN SENATE AMENDMENTS
AB 2444 (Hall)
As Amended July 1, 2014
Majority vote
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|ASSEMBLY: |72-1 |(May 5, 2014) |SENATE: |33-2 |(August 18, |
| | | | | |2014) |
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Original Committee Reference: JUD.
SUMMARY : Prohibits the State of California from selling or
displaying the Battle Flag of the Confederacy, or images
thereof, except as specified. Specifically, this bill :
1)Prohibits the State of California from selling or displaying
the Battle Flag of the Confederacy, or any similar image, or
any tangible personal property inscribed with such an image,
unless the image appears in a book, digital medium, or state
museum for educational or historical purposes.
2)Defines "sell" to mean to transfer title or possession,
exchange, or barter, conditional or otherwise, in any manner
or by any means whatsoever, for consideration.
The Senate amendments :
1)Move the bill's provisions from the Civil Code to the
Government Code.
2)Amends the exemption for the use of an image the flag in a
book for educational or historical purposes so that it will
also apply to use of the image in a digital medium or state
museum for educational or historical purposes.
EXISTING LAW provides that no law shall abridge freedom of
speech, and guarantees every person the right to freely speak,
write, and publish his or her sentiments on all subjects, being
responsible for the abuse of those rights.
FISCAL EFFECT : According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS : This bill reportedly originated with the author's
AB 2444
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discovery that a gift shop in the State Capitol Building sold
confederate currency which contained, among other things, an
image of the Confederate flag. According to the author, the
Confederate flag is a, "Symbol of racism, exclusion, oppression,
and violence toward many Americans," and its history is directly
related to the defense of slavery, whereas California was
admitted as a "free state" and its history is directly linked to
the expansion of liberty and equal protection for all. This
bill, therefore, prohibits the State of California from selling
or displaying the Confederate flag or any item that contains an
image of the Confederate flag, unless the image appears in a
book, digital medium, or state museum for historical or
educational purposes.
While restricting private persons from selling or displaying a
Confederate flag on government property would most likely
constitute a form of viewpoint discrimination under the First
Amendment, this bill would only prevent the state from selling
or displaying the Confederate flag or images thereof. This
approach appears to be consistent with existing case law which
upholds the right of a government actor, as a speaker, to
prohibit displaying the Confederate flag on public buildings or
public flag poles.
Analysis Prepared by : Thomas Clark / JUD. / (916) 319-2334
FN: 0004359