Bill Text: HI SB312 | 2021 | Regular Session | 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
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THE SENATE |
S.B. NO. |
312 |
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THIRTY-FIRST LEGISLATURE, 2021 |
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STATE OF HAWAII |
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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.
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INTRODUCED BY: |
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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.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
