Babylon Bee Files Lawsuit Against Hawaii Over Political Satire Law
The Babylon Bee has filed a lawsuit challenging a Hawaii law that restricts certain forms of political satire, arguing that the measure violates the First Amendment.
The satirical news site joined Honolulu resident Dawn O’Brien, who owns social media accounts that post political memes. The legal challenge filed against the state argues that the law’s “vague and overbroad terms” give state officials “unbridled enforcement” power to target political memes posted online.
The law in question, implemented last year, criminalizes the online posting of “materially deceptive media” if done with “reckless disregard of the risk of harming the reputation or electoral prospects of a candidate in an election or changing the voting behavior of voters in an election.” Violators can face jail time, fines, and disqualification from holding public office for up to ten years.
The law also requires content creators to include a “disclaimer” if their posts contain satire or “manipulated” content, informing users that what is shown “did not occur.”
The lawsuit seeks to block the law’s enforcement and have it declared unconstitutional. It argues that the state’s definition of “materially deceptive media,” which is defined as something that “would cause a reasonable viewer or listener to believe that the depicted individual engaged in the speech or conduct depicted,” is too vague.
In a statement to The Daily Wire, Babylon Bee CEO Seth Dillon said, “We’re used to getting pulled over by the joke police, but comedy isn’t a crime.”
“The First Amendment protects our right to tell jokes, whether it’s election season or not. We’ll never stop fighting to defend that freedom,” Dillon added.
The plaintiffs argue that being forced to add disclaimers compels them to “incorporate Hawaii’s desired messages” into their speech.
“Because of their effectiveness and appeal, satire and parody have been used throughout American history to express matters of current interest — especially matters of politics and politicians,” the legal filing stated.
Alliance Defending Freedom Legal Counsel Mathew Hoffmann, who represents the plaintiffs, told The Daily Wire the law is “censorship plain and simple.”
“The bottom line is that we as the people exist in a self-governing society and we shouldn’t trust the government to set the terms for appropriate political debates,” Hoffmann said.
