The Babylon Bee satirical news site on Friday scored a major free speech win due to the backing of Alliance Defending Freedom (ADF).
A federal court shut down Hawaii Gov. Josh Green’s (D) law preventing individuals from “recklessly distributing… materially deceptive media.” Citing that such practices could impact elections by misleading voters, Green’s law that he signed in 2024 restricts content that risks harming “the reputation or electoral prospects of a candidate” or simply risks “changing… voting behavior.”
Videos, audio and images were mandated to post a disclaimer in a clear and legible manner, according to the law. ADF said that such disclaimers undermined the Bee’s message and the “purpose of satire.” Violators of the law could face jail time, fines, and lawsuits.
The law primarily targeted AI-generated images, which the Babylon Bee uses.
“The legislature finds that although artificial intelligence (AI) technology can greatly benefit certain aspects of society, it can also have dangerous consequences if applied maliciously,” the law section 1 of the bill stated. “For example, the use of deepfakes or generative AI in elections can be a powerful tool used to spread disinformation and misinformation, which can increase political tensions and result in electoral-related conflict and violence.”
“This decision marks yet another victory for the First Amendment and for anyone who values the right to speak freely on political matters without government interference,” Babylon Bee CEO Seth Dillon said.
“We are grateful to Alliance Defending Freedom for representing us as we continue to challenge laws that treat comedy like a crime,” he added.
Babylon Bee has gained huge popularity on social media sites over the years with its conservative digs at politics and pop culture, gaining over 2 million followers on Instagram and 5 million on X.
“For centuries, humor and satire have served as an important vehicle to deliver truth with a smile, and this kind of speech receives the utmost protection under the Constitution,” ADF legal counsel Mathew Hoffmann said.
“The court is right to put a stop to Hawaii’s war against political memes and satire. The First Amendment doesn’t allow Hawaii to choose what political speech is acceptable and censor speech in the name of ‘misinformation.’ That censorship is both undemocratic and unnecessary.”
U.S. District Judge Shanlyn Park, nominated by President Joe Biden in 2023 to the U.S. District Court for the District of Hawaii, wrote in the order, “Political speech, of course, is at the core of what the First Amendment is designed to protect.”
“Rather than require actual harm, [S2687] imposes a risk assessment based solely on the value judgments and biases of the enforcement agency—which could conceivably lead to discretionary and targeted enforcement that discriminates based on viewpoint,” she explained further.
Park ruled that the state cannot censor certain political speech that it does not like.
“Plaintiffs The Babylon Bee, LLC, and Dawn O’Brien are parodists and humorists who create and post digital content about politics on various internet platforms and social media websites. Plaintiffs’ content contains admittedly false and hyperbolic information. Plaintiffs maintain that their content constitutes protected political speech and, with respect to The Bee, reflects a longstanding tradition of using satire and parody to speak the truth, expose bad ideas, and encourage societal change,” Park wrote.
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ADF said that the Babylon Bee won a similar case in California, pushing back against Attorney General Rob Bonta’s effort to collect data from social media companies in order to investigate violators spreading false information on these sites. California officials, including Gov. Gavin Newsom, were looking to crack down on “hate and disinformation” on social media.
“The Department is reviewing the court’s decision and has no further comment at this time,” the Department of the Attorney General’s Office told Fox News Digital.
