WASHINGTON, D.C. — The U.S. Chamber of Commerce today filed a lawsuit challenging Hawaii's Act 11, a state law that prohibits corporations, nonprofits, trade associations, and other organizations from participating in speech related to state elections and ballot initiatives. The Chamber contends that the law’s sweeping ban on political speech violates longstanding First Amendment protections repeatedly recognized by the U.S. Supreme Court.
Act 11 silences not only Hawaii organizations but also organizations formed outside the state, including the U.S. Chamber of Commerce.
"The First Amendment does not allow government officials to decide who gets to participate in public debate," said Daryl Joseffer, President, U.S. Chamber Litigation Center. "Hawaii's law would silence businesses, nonprofits, trade associations and countless other organizations simply because lawmakers disagree with who is speaking. The Constitution does not permit government to pick winners and losers in the marketplace of ideas."
The Supreme Court has repeatedly held that First Amendment protections extend to corporations and other associations. The Chamber's lawsuit argues that Hawaii's law directly conflicts with decades of settled precedent protecting the right of Americans to join together through organizations to speak on matters of public concern.
The case is U.S. Chamber v. Lopez and was filed in the U.S. District Court for the District of Hawaii.
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