‘The Babylon Bee’ Fights Hawaii Law Censoring Political Speech

The Babylon Bee went to court to challenge a Hawaii law banning “deceptive media” during the 10 months before an election.

The Hawaiian legislature passed S2687 in July 2024, allegedly to stop the spread of election “disinformation and misinformation,” which, according to the measure, “can increase political tensions and result in electoral-related conflict and violence.”

The law censors the use of “deepfake and generative AI technologies” that could in any way risk harming “the reputation or electoral prospects of a candidate in an election or changing the voting behavior of voters in an election.”

Alliance Defending Freedom (ADF) filed the lawsuit on behalf of the satirical news site and Dawn O’Brien, a Hawaiian podcaster and media personality.

Babylon Bee CEO Seth Dillon said, in an ADF press release, that the ordinance was an unconstitutional muzzling of the outlet’s free speech:

We use comedy to speak about current events in a way others can’t, and Hawaii is robbing us of that voice. 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.

Hawaii’s law specifically targets videos, audio and images that are digitally created or altered, requiring anyone who posts these to include “a disclaimer informing the viewer that the media has been manipulated by technical means and depicts appearance, speech, or conduct that did not occur.”

The state’s Campaign Spending Commission is responsible for enforcing the measure which the Bee refuses to comply with.

As the lawsuit states, Hawaii’s law creates serious consequences for anyone who creates or posts “deceptive media” about political candidates:

Its new law, S2687, threatens jail time, fines, lawsuits, damages, injunctions, attorney’s fees, and even a ten-year disqualification from holding public office. It bans digitally created content, like memes or satirical images, that risks harming a candidate’s reputation or electoral prospects or changing someone’s voting behavior.

ADF Legal Counsel Matthew Hoffmann explained that the law is unconstitutional because it suppresses free speech:

Hawaii’s war against political memes and satire is censorship, pure and simple. Satire has served as an important vehicle to deliver truth with a smile for centuries, and this kind of speech receives the utmost protection under the Constitution.

The First Amendment doesn’t allow Hawaii to choose what political speech is acceptable, and we are urging the court to stop this unnecessary censorship.

The lawsuit describes The Babylon Bee’s popularity as “a website that exposes foolishness, mocks absurdity, and highlights hypocrisy in faith, politics, and culture through satire, humor, and parody.” It has a huge following on social media:

The Bee currently has nearly five million followers on X, over two million followers on Instagram, over one and a half million followers on Facebook, nearly half a million followers on Rumble, and nearly two million subscribers on YouTube.

The lawsuit included past content from the Bee involving Hawaiian and national politicians that was censored by social media platforms – and could just as easily be targeted by the Campaign Spending Commission.

For example, Facebook deleted a Babylon Bee post with a digitally altered image of Hawaii Senator Mazie Hirono, next to a duck, saying the post “incit[ed] violence.”

As the Bee’s CEO Seth Dillon opined:

In what universe does a fictional quote as part of an obvious joke constitute a genuine incitement to violence? How does context not come into play here?

Likewise, the lawsuit listed a post about President Donald Trump dressed as Peanut the Squirrel, an icon of freedom who was unjustly killed by New York officials. Postings like this, about national candidates, could also lead to penalties for the Bee:

Trump Projected To Win In 50-State Landslide After Appearing In Squirrel Costume https://t.co/QNGlcGERxC pic.twitter.com/tFPgiyfSUO

— The Babylon Bee (@TheBabylonBee) November 2, 2024

While the Bee says it will defy the ban, the law has already stifled free speech for some. O’Brien has said she will avoid posting content because of the harsh penalties.

In ADF’s press release, she explained that S2687 violates Hawaiian’s natural rights:

Both ‘Hawai’i’ and ‘Aloha’ are rooted in ‘-ha,’ the Hawaiian word for ‘breath of life. It’s the very essence of our identity: to breathe and speak freely, to express our hearts with one another. No ‘ha’ means no aloha and no Hawai’i.

Our governor and lawmakers are trying once again to steal inalienable rights from our Hawai’i ‘ohana’ – our family and community. That is not Aloha nor is it Hawai’i. Let’s stand for our freedoms and families against illegal censorship. I stand for our beloved Aloha State.

We’ll keep you posted on this important First Amendment case, Babylon Bee v. Lopez.

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