Bill Text: HI SB312 | 2021 | Regular Session | Introduced

Hawaii Senate Bill 312 (Prior Session Legislation)

Introduced

Bill Title: Proposing An Amendment To The Hawaii Constitution Regarding The Freedom Of Speech.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2021-01-25 - Referred to JDC. [SB312 Detail]

Download: Hawaii-2021-SB312-Introduced.html

THE SENATE	S.B. NO.	312
THIRTY-FIRST LEGISLATURE, 2021
STATE OF HAWAII

A BILL FOR AN ACT

proposing an amendment to the hawaii constitution regarding the freedom of speech.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The legislature finds that the Supreme Court's 2010 holding in Citizens United v. Federal Election Commission, 558 U.S. 310, bestowed First Amendment protections on contributions and expenditures of money made for the purpose of influencing an election. Until Citizens United is overturned, state-based measures such as this one can have no practicable effect on political spending to influence elections and expenditures. Nonetheless this amendment to the state constitution will clearly declare that money is not speech and, when the Supreme Court's holding is overturned, the state provision will become operative. The legislature further finds that the passage of this measure will send a message to the Supreme Court that protecting unlimited expenditures of money is detrimental to the political process and such expenditures are not a form of speech.

The purpose of this Act is to propose an amendment to article I, section 4, of the Constitution of the State of Hawaii to provide that the expenditure of money is not a form of speech and is not protected under the Hawaii 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 expediture of money to influence elections."

SECTION 3. The question to be printed on the ballot shall be as follows:

"Shall the Constitution of the State of Hawaii be amended to provide that free speech does not include the expenditure of money to influence 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:	_____________________________

Report Title:

Freedom of Speech; Monetary Expenditures to Influence Elections

Description:

Proposes a constitutional amendment to provide that freedom of speech does not include the expenditure of money to influence elections.

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