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SB 2040

PROPOSING AN AMENDMENT TO THE CONSTITUTION OF THE STATE OF HAWAII REGARDING THE FREEDOM OF SPEECH.

2026 Regular Session Introduced by Stanley Chang and 5 co-sponsors

Hawaii proposes a constitutional amendment modifying state freedom of speech protections, with details and specific language pending committee review and public hearing in February 2026.

The committee(s) on JDC deleted the measure from the public hearing scheduled on 02-10-26 9:15AM; CR 016 & Videoconference.
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Bill Summary · SB 2040

Legislative bill overview

SB 2040 proposes a constitutional amendment to Hawaii's state constitution specifically addressing freedom of speech protections. The bill has recently been introduced and referred to the Judiciary and Civil Law Committee (JDC) and the Ways and Means Committee (WAM), with a public hearing scheduled for February 10, 2026. The actual text of the proposed amendment is not detailed in the available legislative records.

Why is this important

Constitutional amendments represent fundamental changes to state governance and individual rights protections. Any modification to freedom of speech provisions could significantly affect how Hawaii residents exercise First Amendment-adjacent protections, potentially impacting media, activism, political discourse, and public expression across the state.

Potential points of contention

  • Unclear scope: Without the amendment's specific language, it's unknown whether this expands, restricts, or merely clarifies existing speech protections—each scenario carries different implications for civil liberties
  • Amendment threshold requirements: Hawaii constitutional amendments typically require legislative supermajorities and voter approval, raising questions about whether this reflects broad public consensus or minority interests
  • Competing values: Any speech amendment could balance freedom of expression against other state interests (public safety, defamation prevention, privacy), with disagreement likely on where lines should be drawn

Compiled from official sources — confirm details with the bill’s official record.

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