Hawaii Broadcasters Challenge Veto on Emergency Powers Bill

RADIO ONLINE | Tuesday, June 25, 2024 | 8:05pm CT

Hawaii Association of Broadcasters

In a bold stance against potential government overreach, the Hawaii Association of Broadcasters is publicly opposing Governor Josh Green's intent to veto HB 2581. This legislative bill seeks to amend a controversial state statute that grants the governor and mayors the power to suspend electronic media transmission during emergencies -- a move seen by many as a threat to free speech.

Under the current law, state and county officials have the authority to sever services like water, electricity, and crucially, electronic media transmissions during a state of emergency. However, such actions are not supported by federal law and are viewed as a form of "prior restraint." This term refers to the unconstitutional practice of censorship where expression is restricted before it is even made public.

Hawaii Association of Broadcasters President Chris Leonard criticized the statute, highlighting its violation of the First Amendment rights upheld by the U.S. Supreme Court. "The Governor or Mayors' ability to suspend any and all 'electronic media transmissions' during a state of emergency creates a clear prior restraint on lawful free speech and publication, and violates the First Amendment," stated Leonard. He further described the statute as granting "a 'blank check' to shut down all electronic media transmission without providing an explanation for why this is necessary, what systems are affected, for how long, and how decisions would be made."

HB 2581 proposes a modification to the existing law by removing the additional powers that allow for the suspension of electronic media, which includes radio, television, internet, cable, cell service, text messaging and social media transmissions. The amendment aims to ensure that during emergencies, the public continues to receive potentially life-saving information and remains well-informed -- something Leonard stresses is more, not less, essential in times of crisis.

As the debate continues, the broadcasting community and free speech advocates are awaiting the governor's final decision on the bill, hoping for a resolution that favors transparency, constitutional rights and public safety.