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Hawaii Senate Bill 1234 and House Bill 1007: Restricting Internet Content in Violation of the First Amendment

Senate Bill 1234 and House Bill 1007 are companion bills that bar anyone from disseminating to a minor material that is "pornographic for minors." The definition of "pornographic for minors" lacks the second prong of the Miller/Ginsberg test.

Most Recent News: On March 15, Media Coalition sent a memo in opposition to H.B. 1007 prior to its hearing in the Public Safety, Government Operations, and Military Affairs Committee and Committee on Economic Development and Technology.

H.B. 1007 was heard by the House Judiciary Committee on February 22. Media Coalition sent the committee a memo in opposition to the bill on February 20. On February 9, Media Coalition sent to the Senate Economic Development and Public Safety, Government Operations, and Military Affairs Committees a memo in opposition to S.B. 1234.

Hawaii Senate Bill 1234 and House Bill 1007 is an attempt to apply the state's "pornographic for minors" statute to electronic communications. Media Coalition opposes the bill for several reasons. First, the state's existing definition of "pornographic for minors" is unconstitutionally overbroad because it lacks the "patently offensive" prong of the Miller/Ginsberg test. Second, even if that definition were constitutional, the bill applies the pornographic for minors statute to Internet and other electronic communication, which unduly burdens adults' rights to access material that may not be appropriate for minors but is protected under the First Amendment for adults. Third, S.B. 1234 criminalizes the dissemination of sexually explicit (or pornographic for minors) material if it can be accessed by any adult and if an accessing adult merely claims to be a minor, rather than requiring the sender to believe that s/he is sending pornographic material to a minor. Thus, if an adult entered a public, online forum claiming to be a minor, all other adults involved in the discussion would be forced to restrict their discussion to what is appropriate for minors or risk prosecution.

 

updated 3/15/11