California Holocaust Denial Speech Restrictions Initiative (2016)

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California Holocaust Denial Speech Restrictions Initiative
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Election date
November 8, 2016
Topic
Constitutional rights
Status
Not on the ballot
Type
State statute
Origin
Citizens


Voting on Constitutional Rights
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Ballot Measures
By state
By year
Not on ballot


The Holocaust Denial Speech Restrictions Initiative (#15-0073) was not put on the November 8, 2016 ballot in California as an initiated state statute.

The measure would have prohibited speech in any state-funded school, museum or educational institution that claims Jewish, Armenian or Ukrainian Holocausts did not exist. It would also prohibit Holocaust denial organizations from distributing information or conducting activities at these state-funded locations.[1]

Text of measure

Ballot title

The official ballot title was:[2]

Speech. Holocaust Denial Restrictions. Initiative Statute.[3]

Ballot summary

The official ballot summary was:[2]

Restricts speech that lobbies against the recognition of the Jewish, Armenian, or Ukrainian Holocausts at any school, educational institution, or museum that receives state funds. Prevents Holocaust denial organizations, as defined, from disseminating information and conducting activities on the premises of these institutions, or involving the employees, clients, or students of these institutions. Permits injunctive relief and damages against the Holocaust denial organizations that commit violations.[3]

Full text

The full text of the measure could be found here.

Fiscal impact

Note: The fiscal impact statement for a California ballot initiative authorized for circulation is jointly prepared by the state's legislative analyst and its director of finance. The statement reads:[2]

Given its restraint on free speech, a court may find this measure unconstitutional. If so, it would have no fiscal effect. If the measure could be implemented legally, the annual cost to state-funded educational institutions is unlikely to be significant statewide, but the cost for a particular local government in a particular year might be significant if it is sued and found to have violated the provisions of the measure.[3]

Path to the ballot

See also: California signature requirements
Fact check/Does an increase in the number of propositions on the ballot in California lead to more of those propositions being rejected by voters?
We examined the election results for statewide propositions on the ballot between 1912 and 2014 to determine if there is a simple correlation between the number of propositions on the ballot and the proportion of propositions that are rejected by voters. In elections with more than 13 propositions, the average number of propositions on the ballot per election during the period, voters rejected 44 percent of propositions. In elections with 13 or fewer statewide propositions on the ballot, 42 percent were rejected.
Read Ballotpedia's fact check »

State profile

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This excerpt is reprinted here with the permission of the 2016 edition of the Almanac of American Politics and is up to date as of the publication date of that edition. All text is reproduced verbatim, though links have been added by Ballotpedia staff. To read the full chapter on California, click here.

Both sides of America's political divide have taken the opportunity to emphasize how different California is from the rest of the country. After the 2016 presidential election, supporters of Donald Trump complained that were it not for Hillary Clinton's margin of victory in California, Trump would have won the popular vote. For their part, California's Democratic politicians have taken a leading role in opposing Trump's vision for America; some Californians are even flirting with seceding from the union, though "Calexit" faces constitutional obstacles that make it highly improbable. Despite such antagonism, California and the United States need each other, even if it no longer seems like it.

Americans have long thought of California as the Golden State -- a distant and dreamy land initially, then as a shaper of culture and as a promised land for millions of Americans and immigrants for many decades. America's most populous state remains in many ways a great success story. But in ...(read more)

Demographic data for California
 CaliforniaU.S.
Total population:38,993,940316,515,021
Land area (sq mi):155,7793,531,905
Race and ethnicity**
White:61.8%73.6%
Black/African American:5.9%12.6%
Asian:13.7%5.1%
Native American:0.7%0.8%
Pacific Islander:0.4%0.2%
Two or more:4.5%3%
Hispanic/Latino:38.4%17.1%
Education
High school graduation rate:81.8%86.7%
College graduation rate:31.4%29.8%
Income
Median household income:$61,818$53,889
Persons below poverty level:18.2%11.3%
Source: U.S. Census Bureau, "American Community Survey" (5-year estimates 2010-2015)
Click here for more information on the 2020 census and here for more on its impact on the redistricting process in California.
**Note: Percentages for race and ethnicity may add up to more than 100 percent because respondents may report more than one race and the Hispanic/Latino ethnicity may be selected in conjunction with any race. Read more about race and ethnicity in the census here.

Presidential voting pattern

See also: Presidential voting trends in California

California voted for the Democratic candidate in all five presidential elections between 2000 and 2016.


More California coverage on Ballotpedia

See also

Footnotes

  1. 1.0 1.1 California Secretary of State, "Full text," accessed December 15, 2015
  2. 2.0 2.1 2.2 2.3 California Secretary of State, "Initiatives and Referenda Cleared for Circulation," accessed December 15, 2015
  3. 3.0 3.1 3.2 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.