Subject: Re: Hawaii
Hawaii just slammed the door on Citizens United.

No corporate donations for state and local elections.


It's almost certainly going to get struck down as unconstitutional. You can't do this under the SCOTUS' construction of the First Amendment. It doesn't really matter whether you structure it as a "we're prohibiting corporations from spending on political speech" vs. "we're saying corporations don't get the power to engage in political speech in the first place." The constitutional infirmity is the same - you're permitting some speech and prohibiting other speech based on the content of the speech, which is a no-no under First Amendment rules. Government doesn't get to pick which messages it will allow corporations to say or not say.