Post by Guadalupe on Apr 25, 2018 12:36:13 GMT -5
Yes, California Is on the Verge of Banning Some Christian Books, Here’s How
By DAVID FRENCH
April 23, 2018 6:36 PM
Late last week, I wrote an article that caused a bit of a furious reaction in social-justice Twitter. Activists claimed I was lying, arguing in bad faith, and/or exaggerating the effect of California’s AB 2943, a bill that purports to declare “sexual orientation change efforts” to be an “unlawful business practice.” I claimed the bill was so broad that it could even ban books.
And I’m right. It can and would. Here’s a step-by-step guide how:
First, the bill by its own terms applies to very broad categories of services and goods. Here’s the key enabling language:
1770. (a) The following unfair methods of competition and unfair or deceptive acts or practices undertaken by any person in a transaction intended to result or that results in the sale or lease of goods or services to any consumer are unlawful:
Second, a book (along with other written materials, like pamphlets or workbooks) fits within the very, very broad definition of a goods:
tangible chattels bought or leased for use primarily for personal, family, or household purposes, including certificates or coupons exchangeable for these goods, and including goods that, at the time of the sale or subsequently, are to be so affixed to real property as to become a part of real property, whether or not they are severable from the real property.
Basically, if you can buy it and move it (in other words, it’s not real estate), then it’s a good. Moreover, under the statute, “services” can include “services furnished in connection with the sale or repair of goods.” Booksellers provide “services.”
To this point, California’s statute is standard. Consumer protection acts apply broadly to goods and services, and they’re generally designed to prevent outright frauds and misrepresentations in commercial transactions. Anti-fraud statutes generally aren’t a threat to the First Amendment because consumer fraud isn’t constitutionally protected speech.
But here’s where the act gets pernicious. Scroll down through the list of dozens of prohibited acts, and you’ll come to paragraph 28, which bans: “Advertising, offering to engage in, or engaging in sexual orientation change efforts with an individual.”
Wait. What? “Sexual orientation change efforts” are in the same category as consumer fraud? So, what is a sexual-orientation-change effort? According to the bill, it means “any practices that seek to change an individual’s sexual orientation. This includes efforts to change behaviors or gender expressions, or to eliminate or reduce sexual or romantic attractions or feelings toward individuals of the same sex.” (Emphasis added.)
-->Rest of the article is at this
link.
By DAVID FRENCH
April 23, 2018 6:36 PM
Late last week, I wrote an article that caused a bit of a furious reaction in social-justice Twitter. Activists claimed I was lying, arguing in bad faith, and/or exaggerating the effect of California’s AB 2943, a bill that purports to declare “sexual orientation change efforts” to be an “unlawful business practice.” I claimed the bill was so broad that it could even ban books.
And I’m right. It can and would. Here’s a step-by-step guide how:
First, the bill by its own terms applies to very broad categories of services and goods. Here’s the key enabling language:
1770. (a) The following unfair methods of competition and unfair or deceptive acts or practices undertaken by any person in a transaction intended to result or that results in the sale or lease of goods or services to any consumer are unlawful:
Second, a book (along with other written materials, like pamphlets or workbooks) fits within the very, very broad definition of a goods:
tangible chattels bought or leased for use primarily for personal, family, or household purposes, including certificates or coupons exchangeable for these goods, and including goods that, at the time of the sale or subsequently, are to be so affixed to real property as to become a part of real property, whether or not they are severable from the real property.
Basically, if you can buy it and move it (in other words, it’s not real estate), then it’s a good. Moreover, under the statute, “services” can include “services furnished in connection with the sale or repair of goods.” Booksellers provide “services.”
To this point, California’s statute is standard. Consumer protection acts apply broadly to goods and services, and they’re generally designed to prevent outright frauds and misrepresentations in commercial transactions. Anti-fraud statutes generally aren’t a threat to the First Amendment because consumer fraud isn’t constitutionally protected speech.
But here’s where the act gets pernicious. Scroll down through the list of dozens of prohibited acts, and you’ll come to paragraph 28, which bans: “Advertising, offering to engage in, or engaging in sexual orientation change efforts with an individual.”
Wait. What? “Sexual orientation change efforts” are in the same category as consumer fraud? So, what is a sexual-orientation-change effort? According to the bill, it means “any practices that seek to change an individual’s sexual orientation. This includes efforts to change behaviors or gender expressions, or to eliminate or reduce sexual or romantic attractions or feelings toward individuals of the same sex.” (Emphasis added.)
-->Rest of the article is at this
link.