Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2002

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred S.B. No. 2973 entitled:

begs leave to report as follows:

The purpose of this measure is to repeal the prohibition on picketing in front of a private residence or dwelling.

Chapter 379A, Hawaii Revised Statutes, relates to picketing of residence or dwelling place. The chapter has one section prohibiting picketing and one penalty section. Your Committee finds that this chapter is probably unconstitutional, in view of an abundance of United States Supreme Court case law upholding the right to picket. For example, in United Mine Workers of America, District 12 v. State of Illinois 389 U.S. 217 (1967), the U.S. Supreme Court held that it is well established that under the First Amendment of the United States Constitution, a state cannot prohibit actions, such as peaceful assembly, which seek redress for wrongs, especially when labor organizations such as the Laborer's Union is engaging in an assembly of people (citing other U.S. Supreme Court cases similarly holding). Your Committee has been informed that a similar statute in Chicago was struck down by the U.S. Supreme Court on the same grounds, and also in a federal circuit court of appeals case in another state.

Your Committee finds that repealing the prohibition against picketing someone's home will increase opportunities for free expression and enable peaceful protesters to visibly demonstrate their support for a cause.

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2973 and recommends that it pass Third Reading.