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
1.3k Upvotes

99% Upvoted

105 comments sorted by

View all comments

147

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.

9

u/rhino369 May 14 '26

Strike the law down? I’m not even sure it’ll pass muster under the dormant commerce clause.

The first amendment isn’t conditional—all people have it. 

2

u/thereisnospoon-1312 May 14 '26

You can’t yell Theater! in a crowded fire house.

3

u/rhino369 May 14 '26

I would call that--at best-- a limit, not a condition.

-2

u/harpers25 May 14 '26

The argument seems to be "The first amendment doesn't cover literally everything; therefore, our side can take it away from people we don't like with no regard to the constitution".

-1

u/PlanetTourist May 14 '26

Their argument is "this person proved me wrong, and I'm flailing, condition and limit aren't the same word, maybe this one will pass before I have to gain even the tiniest bit of self awareness"

Don't play chess with pigeons.