Hawaii’s Bold Challenge to Corporate Personhood

A quiet revolution is brewing in Hawaii as the state’s legislature has passed a bill that would strip corporations of their ability to spend on most political causes. This move directly challenges the landmark Citizens United decision, which has enabled dark money to flood elections for over a decade.

The notion that corporations are “people” with the same rights as living individuals may have seemed far-fetched when Mitt Romney first espoused it in 2007. However, since then, corporate spending on federal elections has skyrocketed from $359 million in 2012 to $1.4 billion in the most recent presidential cycle.

This is no longer just about semantics; it’s about power. By recognizing corporations as “people” with free speech rights, we’ve created a system where special interests can outspend ordinary citizens by orders of magnitude. A 2023 Pew Research Center poll found that over 70% of both Republicans and Democrats support limits on the amount of money organizations can spend on political campaigns.

Hawaii’s effort is not just about restricting corporate spending; it’s also about redefining what we mean by “personhood.” State Senator Jarrett Keohokalole has aptly pointed out that corporations are granted powers and privileges by the state, not inherent rights. By acknowledging this distinction, Hawaii aims to sidestep the free-speech questions at the heart of Citizens United.

This strategy, developed by Tom Moore, a senior fellow at the Center for American Progress, hinges on the idea that states can change their corporate laws without engaging with constitutional implications. By targeting the corporate charter, Hawaii is trying to create a new path forward.

Critics dismiss Moore’s arguments as semantic games, pointing out that the Supreme Court has already ruled on the matter. However, they seem to be forgetting that the issue is not just about corporate speech but also the foundations of our democracy.

If Hawaii’s bill becomes law, it would be a major victory for campaign finance reform advocates and a significant blow to special interests dominating politics. But this is not just about one state or one issue; it’s about the kind of country we want to be. Do we truly believe that corporations should have the same rights as individual citizens, or do we recognize their fundamental difference?

The answer will come soon enough – when Governor Josh Green decides whether to sign the bill into law. Whatever the outcome, this is a moment worth watching: a chance for us to rethink our assumptions about power and personhood in America.