Hawaii AG’s Office Shoots Down Bill That Would Limit Free Speech
The Hawaii Attorney General鈥檚 office is blasting a proposal aimed at countering the U.S. Supreme Court鈥檚 Citizens United decision, which opened the floodgates for secret cash to influence elections.
New House Judiciary Chair Karl Rhoads wants the Legislature to pass a that would let voters decide if the state constitution should be amended to add a line that limits the freedom of speech to “natural persons.” It would specifically exclude business entities.
Deirdre Marie-Iha, deputy solicitor general, told Rhoads last week that his bill would have no legal effect and would genuinely mislead the public despite its good intentions. And even if it could trump the federal law, she said it would have serious unintended consequences.
鈥淲e don鈥檛 want to restrict the right of free speech of citizens of Hawaii just because the U.S. Supreme Court made what many believe to be a massive mistake,鈥 Marie-Iha told the Judiciary Committee at a legislative hearing Friday.
The lets corporations and unions support and oppose candidates and issues without having to disclose where the money came from. Millions of dollars were spent in Hawaii in 2012 by political action committees who benefitted from the decision.
The AG鈥檚 office and Rhoads agree the Supreme Court ruling was a mistake. But they have drastically different takes on how to address it.
Marie-Iha encouraged Rhoads and others concerned about the impacts of the Citizens United decision to back proposals pending before the Legislature that would increase disclosure. She said these bills would increase the public’s knowledge of the money being spent by super PACs and other campaign committees.
鈥淭here are ways to shine a light through the money that Citizens United has unleashed onto the elections,鈥 she said.
Rhoads wasn鈥檛 sold on the objections to his bill from the AG鈥檚 office. He asked Marie-Iha in a few different ways why his proposed legislation wouldn鈥檛 work, but she shot him down every time.
鈥淚 applaud your creativity in trying to address Citizens United,鈥 she said, but added that political speech is among the most protected forms of free speech in the country.
The AG鈥檚 office and others have urged Congress to pass a law that effectively overturns Citizens United, but to no avail. Marie-Iha said the office is not optimistic that letters to U.S. representatives will have any effect.
State Reps. Calvin Say and Marcus Oshiro, the former House Finance chair, told Civil Beat in a recent interview that they would support measures aimed at overturning Citizens United, too.
Several people testified on the bill during the hearing, many of whom also submitted in support or opposition.
In addition to Marie-Iha’s in-person comments, the AG’s office submitted a letter opposing the measure.
“Even if this amendment passed and were ratified, the State of Hawaii would still be subject to the Citizens United ruling that corporations are entitled to make unlimited independent expenditures (that is, spend their own money without coordinating with any candidate for office) regarding political campaigns and elections,” Hawaii Attorney General David Louie wrote.
He attached a letter nine state attorneys general wrote to Congress urging federal lawmakers to reverse Citizens United.
“Reversing this troubling decision would give Congress the power to ensure that the voice
of the American people is not diluted or trampled on by corporations under the auspices of the
First Amendment, and that the people have the ability to participate freely and equally in self-government,” the letter says.
The ACLU’s Hawaii chapter also testified against the bill, for similar reasons as the AG’s office.
Other groups, however, supported Rhoads’ proposed legislation.
Common Cause Hawaii, a nonprofit that advocates for open government, said the proposed amendment would send a strong signal to Congress that the people of Hawaii believe freedom of speech should only apply to natural persons.
“And, in the event we do overturn Citizens United federally, HB119鈥檚 proposed amendment would prevent corporations from making the same arguments in state court,” Common Cause Executive Director Carmille Lim said.
The Judiciary Committee is expected to vote on HB 119 Thursday afternoon.
