UNITED STATES NEWS

‘Almost authoritarian:’ Hawaii’s Cold War speech law may go

Apr 25, 2023, 9:12 AM

HONOLULU (AP) — A Cold War-era law in Hawaii that allows authorities to impose sweeping restrictions on press freedoms and electronic communications during a state of emergency could soon be repealed by lawmakers over concerns about its constitutionality and potential misuse.

Those who are worried about the law, which allows a governor or mayor to suspend “electronic media transmissions” during a crisis, say that language could now also be interpreted to include social media posts, text messages and emails, as well as reporting by media outlets.

The Hawaii Association of Broadcasters says the existing law appears to be unique among all 50 states and violates the U.S. Constitution’s First Amendment.

“We get into a situation where … somebody could suspend electronic media because they don’t like what’s being said about them,” said Chris Leonard, the association’s president, who also operates a radio station on the Big Island.

Current state leaders haven’t invoked the law, but “Who knows who’s in office tomorrow?” he added.

Lawmakers in the state House and Senate have each passed versions of legislation to eliminate the decades-old rule and have a deadline this week to agree on language so the bill can move forward.

Christian Grose, a professor of political science and public policy at the University of Southern California, said the law “gives shockingly large amounts of power to the governor and mayors in ways that might be afoul of constitutional freedoms.”

“That’s sort of an unusual, almost authoritarian law that would allow such powers to be given to the governor or mayor,” Grose said.

Some do support leaving the law on the books.

James Barros, the head of the Hawaii Emergency Management Agency, said the law might still be needed to restrict electronic transmissions “that could trigger an explosive device or ignite volatile chemicals.”

The bill would eliminate the executive branch’s authority to take action that could save lives “based on a hypothetical restriction of free speech rights,” Barros said in written testimony.

The law appears to date to 1951, when the Cold War pitted the U.S. against the Soviet Union. There were concerns about radio frequency transmitters being used to identify bombing targets, said Leonard.

The law was revised about a decade ago to its current form, which allows a governor or mayor to: “Shut off water mains, gas mains, electric power connections, or suspend other services, and, to the extent permitted by or under federal law, suspend electronic media transmission.”

The Hawaii County Council on the Big Island discovered the law last year when it was reviewing its own county code to align it with state law.

Information has helped calm people and make decisions during the 2018 eruption of Kilauea volcano and the COVID-19 pandemic, Ashley Lehualani Kierkiewicz, a county council member, explained in testimony to state legislators.

“In times of emergency and natural disasters, the public needs more information — not less — and communication should flow through all possible channels as frequently as possible,” she said in written testimony.

It’s notable that Hawaii’s lawmakers are considering taking away executive power because the trend in the U.S. government and in some other states has been for the executive to amass power without legislators stopping them, Grose said.

“So the fact that Hawaii’s is doing this is big,” he said.

United States News

Associated Press

Heavy fighting in south Gaza as Israel presses ahead with renewed US military and diplomatic support

RAFAH, Gaza Strip (AP) — Heavy fighting raged overnight and into Sunday in the southern Gaza town of Khan Younis, as Israel pressed ahead with its offensive after the U.S. blocked the latest international efforts to halt the fighting and rushed more munitions to its close ally. Israel has faced rising international outrage and calls […]

1 hour ago

Pauline Golodoff, left, and George Kudrin hold an iPad featuring images of their deceased spouses, ...

Associated Press

Death of last surviving Alaskan taken by Japan during WWII rekindles memories of forgotten battle

ANCHORAGE, Alaska (AP) — Gregory Golodoff spent most of his years on a quiet Alaska island, living an ordinary life, managing a co-op store, fishing for crab and serving as the village council president. But Golodoff’s recent death at the age of 84 has reopened a chapter of American history and stirred up memories of […]

3 hours ago

Associated Press

3 people killed and 1 wounded in shooting at Atlanta apartment building, police say

ATLANTA (AP) — A shooting in Atlanta killed three people and left one victim wounded Saturday evening, police say. The Atlanta Police Department said officers responded to an address on Peachtree Road NE in the city’s Buckhead district around 6:25 p.m., WANF-TV reported. Police said three victims in their 20s were pronounced dead at the […]

5 hours ago

Heisman Trophy finalists, from left, LSU quarterback Jayden Daniels, Ohio State wide receiver Marvi...

Associated Press

LSU QB Jayden Daniels overcomes being outside CFP race to win Heisman Trophy with prolific season

NEW YORK (AP) — LSU quarterback Jayden Daniels won the Heisman Trophy on Saturday night, becoming the first player since 2016 to win college football’s most prestigious player of the year award as part of a team that did not play for a conference championship. The fifth-year player, who transferred from Arizona State to LSU […]

6 hours ago

Associated Press

Homes damaged, power knocked out as severe weather rakes Tennessee

CLARKSVILLE, Tenn. (AP) — An apparent tornado tore roofs off homes and knocked out power to thousands in Tennessee on Saturday as a line of severe storms raked the state. Police and firefighters in Clarksville were responding to multiple reports of damage in the northern part of the city, which is north of Nashville near […]

9 hours ago

Associated Press

The NRA has a surprising defender in its free speech case before the Supreme Court: the ACLU

NEW YORK (AP) — In a case of politics making strange bedfellows, the National Rifle Association will be represented by frequent nemesis the American Civil Liberties Union in an appeal before the U.S. Supreme Court. The New York-based civil liberties group confirmed Saturday that it would provide legal representation for the gun-rights group in its […]

10 hours ago

Sponsored Articles

Follow @iamdamonallred...

Avoid a potential emergency and get your home’s heating and furnace safety checked

With the weather getting colder throughout the Valley, the best time to make sure your heating is all up to date is now. 

Follow @KTAR923...

Valley residents should be mindful of plumbing ahead of holidays

With Halloween in the rear-view and more holidays coming up, Day & Night recommends that Valley residents prepare accordingly.

...

SCHWARTZ LASER EYE CENTER

Key dates for Arizona sports fans to look forward to this fall

Fall brings new beginnings in different ways for Arizona’s professional sports teams like the Cardinals and Coyotes.

‘Almost authoritarian:’ Hawaii’s Cold War speech law may go