The Babylon Bee wins a free speech lawsuit against Hawaii lawmaker Gov. Josh Green
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Babylon Bee’s satirical news site on Friday won a big hit thanks to the support of the Alliance Defending Freedom.
A federal court struck down Hawaii Gov. Josh Green’s (D) law that prohibits people from “indiscriminately distributing… deceptive media.” Explaining that such practices could influence elections by misleading voters, Green’s law he signed in 2024 restricts content that risks damaging a candidate’s “reputation or electoral prospects” or risks “changing… voting behavior.”
Videos, audios, and images were mandated to post a clear and legible disclaimer, according to the law. ADF said the disclaimer undermined the Bee’s message and “satirical intent.” Violators may face jail time, fines, and charges.
The law specifically targeted AI-generated images, used by the Babylonian bee.
Babylon Bee CEO Seth Dillon.
“The legislature finds that although artificial intelligence (AI) technology can greatly benefit certain aspects of society, it can have dangerous consequences if it is used maliciously,” says section 1 of the law. “For example, the use of deepfakes or artificial AI in elections can be a powerful tool used to spread misinformation and disinformation, which can increase political tensions and cause conflict and election-related violence.”
“This decision marks yet another victory for the First Amendment and for anyone who values the right to free speech on political issues without government interference,” Babylon Bee CEO Seth Dillon said.
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“We thank the Alliance Defending Freedom for standing up for us as we continue to challenge the laws that treat comedy as a crime,” he added.
Babylon Bee has gained a lot of popularity on social media over the years for its exploration of politics and pop culture, gaining more than two million followers on Instagram and five million on X.
A federal court on Friday struck down Hawaii Gov. Josh Green’s law that prohibits people from “recklessly distributing… deceptive media.” (AP Photo/Rick Bowmer)
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“For centuries, humor and sarcasm have been an important tool to present the truth with a smile, and this form of speech enjoys great protection under the Constitution,” said ADF Legal Counsel Mathew Hoffmann.
“The court is right to stop Hawaii’s fight against political news and satire. The First Amendment does not allow Hawaii to choose what political speech is acceptable and filter speech in the name of ‘misinformation.’ That test is undemocratic and unnecessary.”
US District Judge Shanlyn Park, President Joe Biden’s 2023 nominee to the US District Court for the District of Hawaii, wrote in the order, “Yes, political speech is at the core of what the First Amendment is designed to protect.”
“Rather than looking for actual damage, [S2687] it imposes a risk assessment based solely on value judgments and enforcement agency biases – which may lead to discretionary and discriminatory targeting based on opinion,” he further explained.
Park ruled that the state cannot ban certain political speech that it does not like.
“Plaintiffs Babylon Bee, LLC, and Dawn O’Brien are activists and humorists who create and post digital content about politics on various Internet and social media platforms. 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 long-standing tradition of misrepresentation and hate speech, which promotes the expression of vulgar ideas and and hyperbolic social change,” Park wrote.
The judge gave, scales of justice and books. (Brian A. Jackson/South Florida Sun Sentinel)
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ADF said Babylon Bee won the same case in California, is pushing back on Attorney General Rob Bonta’s effort to collect data from social media companies to investigate lawbreakers who spread false information on these sites. California officials, including Gov. Gavin Newsom, were looking to end “hate and disrespect” on social media.
“The Department is reviewing the court’s decision and has no comment at this time,” the Attorney General’s office told Fox News Digital.
