A bill seeking to amend the state Constitution to limit free-speech protections to "natural persons" and exclude businesses has drawn opposition from the state Attorney General’s Office and the American Civil Liberties Union of Hawai‘i.
State lawyers and the ACLU said the amendment will not have any impact and would be declared a violation of the U.S. Constitution.
But House Judiciary Chairman Karl Rhoads, who introduced the bill, and some of the bill’s supporters contend the measure is a way to react to the U.S. Supreme Court’s 2010 Citizens United decision.
The ruling paved the way for a flood of advertisements during political campaigns from corporations and other entities.
Rhoads (D, Chinatown-Iwilei-Kalihi) said the Judiciary Committee will vote Thursday on whether to advance the bill.
The measure would amend the state Constitution’s counterpart to the U.S. Constitution’s First Amendment free-speech protections to cover only "natural persons." The purpose, according to the bill, is not to cover "a business entity."
Rhoads said at a hearing on the measure Friday that he introduced it because of what he called the "terrible decision" in the Citizens United case.
He said he introduced the measure as a "protest." Rhoads said he doesn’t want Washington, D.C., and the U.S. Supreme Court to think that Hawaii residents agree with the decision.
But he acknowledged that the amendment probably won’t have any practical impact.
Deputy Attorney General Deirdre Marie-Iha and the ACLU said the amendment would not have any legal effect because Hawaii would still fall under the U.S. Constitution’s free-speech provisions and the Supreme Court ruling.
Marie-Iha told the committee her office understands the intent of the measure and shares the "distaste" with the high court’s ruling.
But she also said if the amendment proposal was placed on the ballot, it would mislead the public into thinking the amendment would overturn the Supreme Court’s decision.
The ACLU said the amendment would be unconstitutional because it is "well-settled" under federal law that corporations fall under freedom of speech protections recognized by the U.S. Supreme Court.
Common Cause Hawaii, Americans for Democratic Action Hawaii and the Imua Alliance submitted testimony supporting the measure.
Common Cause Hawaii said the amendment would "send a strong signal" to Congress that the state holds that freedom of speech should apply only to natural persons.
The group said if the Citizens United ruling is overturned, the amendment would prevent corporations from making the same arguments in state courts.
Both the state House and Senate must approve the proposal to place the amendment on the ballot for voter ratification.