A sweeping Hawaiʻi law aims to silence the groups that residents most typically use to make their voices heard—including advocacy organizations, unions, charitable nonprofits, and trade associations—by threatening dissolution if they exercise fundamental First Amendment rights of speech and association.
That’s why attorneys with the Institute for Free Speech filed a federal lawsuit on behalf of the Grassroot Institute of Hawaii, challenging the constitutionality of Act 11.
The lawsuit, Grassroot Institute of Hawaii v. Lopez, et al., seeks to protect the right of all Hawaii residents to join together and seek change.
The lawsuit argues that Act 11 violates the First Amendment’s protections of free speech, freedom of association, freedom of the press, and freedom of petition and assembly. It further argues that key provisions of the law are unconstitutionally vague, leaving organizations unsure of where the line between lawful advocacy and prohibited activity lies.
The nonprofit Grassroot Institute of Hawaii was founded in 2001 to promote individual liberty, economic freedom, and limited, accountable government. Along with countless civic, cultural, and advocacy organizations across the political spectrum in Hawaiʻi, Grassroot now faces the prospect of abandoning activities inherent to its mission or risk incurring severe penalties for speaking out.
Act 11 prohibits incorporated entities—including nonprofits—from engaging in what the law calls “election activity” and “ballot-issue activity,” broadly defined to prohibit any spending to speak out for or against candidates, ballot measures, or political parties.
The law authorizes an array of severe penalties, including suspension of an organization’s authority to operate, revocation of tax exemptions, and even involuntary dissolution.
Act 11 sweeps far more broadly than Hawaiʻi’s existing campaign finance statutes, which require registration and donor disclosure for anyone making “independent expenditures” and “electioneering communications,” but at least allow organizations to share their members’ views about ballot measures and candidates.
Act 11’s requirements and penalties present a substantial threat to the First Amendment rights of organizations such as the Grassroot Institute of Hawaii. Grassroot regularly publishes research, hosts events, and communicates with the public about legislation, ballot measures, tax policy, housing reforms, government accountability, and other issues vital to Hawaiʻi residents.
The lawsuit seeks declaratory and injunctive relief preventing the enforcement of Act 11, in order to protect the right of Hawaiʻi residents to join together through organizations and participate in public debate
To read our full press release regarding the filing of the complaint in Grassroot Institute of Hawaii v. Lopez, et al., click here. To read the complaint, click here.
