Hawaii Senate Bill SB917

Hawaii 2024 Regular Session

• Introduced: 1/20/23
• Refer: 1/27/23
• Report Pass: 2/9/23
• Report Pass: 3/3/23
• Refer: 2/9/23
• Engrossed: 3/9/23
• Enrolled: 3/13/23
• Refer: 3/9/23
• Report Pass: 3/20/23
• Refer: 3/20/23

Caption

Proposing An Amendment To The Hawaii State Constitution Regarding The Freedom Of Speech.

Impact

The bill aims to amend Article I, Section 4 of the Hawaii State Constitution. By explicitly excluding monetary expenditures from the protections of free speech, it would empower lawmakers to impose restrictions on campaign finance, enhancing local control over electoral processes. This could address the growing influence of corporations and special interests in politics, thereby striving to restore a more equitable democratic environment.

Summary

SB917 proposes an amendment to the Hawaii State Constitution to clarify that the expenditure of money to influence elections is not a form of protected speech under state law. This decision is driven by concerns surrounding the United States Supreme Court's Citizens United v. Federal Election Commission ruling, which allowed for unlimited corporate spending in elections, potentially undermining democratic processes. The bill seeks to express Hawaii's disapproval of this decision and suggests that if future circumstances, such as a Supreme Court reversal or congressional action, occur, the amendment could provide a legal basis to limit such spending in the state.

Contention

Opponents of the amendment may argue that limiting the definition of free speech undermines fundamental rights granted by both federal and state constitutions. They may contend that such restrictions could lead to a slippery slope of overreach into other forms of speech and actions. Supporters, conversely, view this as a necessary action to combat the disproportionate power of wealth in politics and to restore trust in electoral integrity. The bill's ultimate acceptance and implementation may depend on future changes at the federal level regarding campaign finance regulations.