Hawaii SB 311: PROPOSING AN AMENDMENT TO THE HAWAII STATE CONSTITUTION REGARDING THE FREEDOM OF SPEECH.

Bill Text

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THE SENATE O O M
THIRTY-THIRD LEGISLATURE. 2025 O D IN U I I
STATE OF HAWAII
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ JAN 1 5 2025_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
A BILL FOR AN ACT
PROPOSING AN AMENDMENT TO THE HAWAII STATE CONSTITUTION
REGARDING THE FREEDOM OF SPEECH.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAH:
SECTION 1. The legislature finds that the United States
Supreme Court’s decision in Citizens United v. Federal Election
Commission, 558 U.S. 310 (2010), reversed long-standing campaign
finance restrictions and designated corporate spending on
elections as free speech protected under the First Amendment of
the Constitution of the United States. The decision removed any
limits on the amount of money that corporations, special
interest groups, and political action committees (PACs) could
spend on an election. The legislature further finds that the
decision in Citizens United is a serious threat to our
democracy. Corporations enjoy various advantages, including
limited liability, perpetual life, and favorable treatment in
the accumulation and distribution of assets, which allow them to
amass and spend an extraordinary amount of money on political
messages that often have far greater reach and influence than
messages from individuals. During the thirteen years since the
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citizens United decision, there has been a massive increase in
political spending by corporations, special interest groups, and
PACs, dramatically expanding their already outsized political
influence on election outcomes and policy decisions.
The legislature also finds that the power to amend state
constitutions rests with the people of each state, and the
legislature believes it is critical that the State express its
disapproval of the Citizens United decision. At least twenty
states, including Hawaii in 2016, have taken legislative action
urging Congress to pass a proposed constitutional amendment that
overturns the decision in Citizens United; however. Congress has
failed to take any action and appears unlikely to do so.
The legislature acknowledges that as long as Citizens
United is binding law, this Act will have no effect on the
Constitution of the United States. United States Supreme Court
decisions can be overturned, as demonstrated by the Court’s
decision to override the fifty-year-old Roe v. Wade decision.
Therefore, a state constitutional provision, while not binding
today, may nonetheless be valuable in the future.
Accordingly, the purpose of this Act is to propose an
amendment to article I, section 4, of the Hawaii State
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Constitution to provide that the expenditure of money to
influence elections is not a form of speech protected under the
Hawaii State Constitution.
SECTION 2. Article 1, section 4, of the Constitution of
the State of Hawaii is amended to read as follows:
"FREEDOM OF RELIGION, SPEECH, PRESS,
ASSEMBLY AND PETITION
Section 4. No law shall be enacted respecting an
establishment of religion, or prohibiting the free exercise
thereof, or abridging the freedom of speech or of the press or
the right of the people peaceably to assemble and to petition
the government for a redress of grievances.
The freedom of speech shall not include the expenditure of
money to influence elections.”
SECTION 3. The question to be printed on the ballot shall
be as follows:
"Shall the Hawaii State Constitution be amended to state
that freedom of speech protections under the Hawaii State
Constitution do not include the expenditure of money to
influence elections, which would take effect if the United
States Supreme Court overturns. Congress overrides, or an
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amendment to the United States Constitution invalidates the
United States Supreme Court's decision in Citizens United
V. Federal Election Coiamission, which allows unrestricted
spending by corporations on elections?"
SECTION 4. New constitutional material is underscored.
SECTION 5. This amendment shall take effect upon
compliance with article XVII, section 3, of the Constitution of
the State of Hawaii.
INTRODUCED BY:
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SB. NO. 3/r
Report Title:
Constitutional Amendment; Freedom of Speech; Monetary
Expenditures to Influence Elections
Description:
Proposes an amendment to the Hawaii State Constitution to
provide that freedom of speech protected under the Hawaii State
Constitution does not include the expenditure of money to
influence elections.
The summary description of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
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