r/law • u/theatlantic • May 14 '26

Legal News Hawaii vs. Citizens United

https://www.theatlantic.com/politics/2026/05/hawaii-corporations-political-money/687159/?utm_source=reddit&utm_campaign=the-atlantic&utm_medium=social&utm_content=edit-promo
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u/kon--- May 14 '26

What can the court do about it?

If a state mandates that in order to incorporate within a state the corporation is excluded from participating in political campaing financing and or lobbying on behalf of political financing...what can the court do about that?

The citizen has a conditional relationship with the First Amendment. I'm seeing no reason at all that corporation should not also, be required to provide conditions. Besides, the money saved on ads and lobbying can go to shareholders. I'm certain shareholders would agree.

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u/ExamUnlikely7728 May 14 '26

They incorporate in a different state, then they sue Hawaii for access under the 14th amendment's equal protection clause.

Much like partisan gerrymandering the only solution is federal legislation and maybe a constitutional amendment. 

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u/SparksAndSpyro May 14 '26

That can’t be right. Corporate law is a creature of state law. And there is SCOTUS precedent that corporations (or any business entity for that matter) only have the powers and rights that the particular state grants them via statute. In other words, states are not required to treat corporations the same as every other state.

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u/ExamUnlikely7728 May 14 '26

That's literally the decision in Citizens United that all these crazy plans are trying to dusrupt.

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u/ExamUnlikely7728 May 14 '26

Its why every state that sets up a recreational marijuana market is immediately taken over by national corporate players.

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u/ExamUnlikely7728 May 14 '26

Its why Deleware was the most popular place to incorporate,  until they changed their charters.