State-Mandated Dirty Talk In California: Jerry Brown Signs SB 967 Into Law

October 17, 2014

By Hans Bader at

Last month, California Governor Jerry Brown signed into law a bill regulating college students’ romantic lives, which I discussed earlier. This misleading “affirmative consent” law, SB 967, appears to require “agreement” to each form of “sexual activity” a couple engages in on campus, without defining what “sexual activity” is. In the words of one of its supporters, it thus requires “state-mandated dirty talk” during sexual encounters. (Some colleges with “affirmative consent” policies classify even ordinary “kissing” as “sexual activity” that can constitute “sexual assault,”notes Ramesh Ponnuru at Bloomberg News, while other colleges define it to include little more than sex and penetration. Colleges have since adopted rules modeled on SB 967 stating that consent to one activity cannot imply consent to other activities, potentially requiring people to engage in a series of discussions as they move from kissing to foreplay to sex)...

Cases: California: Affirmative Consent Bill Threatens Student Due Process