The Babylon Bee challenges Hawaii law criminalizing political memes, satire

ADF attorneys represent popular satire site, state resident in legal challenge to censorship law

News Release from Alliance Defending Freedom, June 4, 2025

Related Case: The Babylon Bee v. Lopez

LINK: SB2687 of 2024

HONOLULU – Alliance Defending Freedom attorneys representing The Babylon Bee and a Hawaii resident filed a federal lawsuit Wednesday challenging a state law that censors online content, including political satire and parody. The law violates fundamental free speech and due process rights by using vague and overbroad standards to punish people for posting certain political content online, including political memes and parodies of politicians.

Gov. Josh Green signed SB2687 into law in July 2024. It prohibits the distribution of “materially deceptive media” that portrays politicians in a way that risks harming “the reputation or electoral prospects of a candidate.” The law also forces distributors of satirical content to post large disclaimers on the satirical nature of the content, destroying the purpose of satire. Violations of the law carry harsh penalties, including jail time, large fines, and lawsuits.

“Hawaii’s war against political memes and satire is censorship, pure and simple,” said ADF Legal Counsel Mathew Hoffmann. “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 cancel this unnecessary censorship.”

“We’re used to getting pulled over by the joke police, but comedy isn’t a crime,” said The Babylon Bee CEO Seth Dillon. “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.”

The Babylon Bee will continue to post satirical or parodical content and is unwilling to include the disclaimer. Hawaii resident Dawn O’Brien, who also joined the lawsuit, will avoid posting content she would otherwise post to avoid the harsh penalties. The first violation of the law carries a fine up to $1,000 and up to 30 days imprisonment. A second violation within five years of the first increases the penalty to $2,000 and one year imprisonment.

“Both ‘Hawai’i’ and ‘Aloha’ are rooted in ‘-ha,’ the Hawaiian word for ‘breath of life,’” said O’Brien. “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’ (family/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!”

The lawsuit also notes that the law received extensive negative feedback during the legislative process. “The Hawaii Office of the Public Defender opposed the bill because of First Amendment concerns, informing legislators that ‘[p]eople have a First Amendment right to criticize candidates … and make all kinds of political speech attacking candidates,’” the complaint explains. “Additionally, the Motion Picture Association, which members include The Walt Disney Studio Motion Pictures, Netflix Studios, and Warner Bros., asked the Senate Judiciary Committee to add an exemption for ‘parody and satire.’” Nevertheless, the Hawaii Legislature passed the bill unanimously in the House and with only one senator voting against.

ADF attorneys represent The Babylon Bee in a similar case in California, resulting in state officials agreeing not to enforce the challenged laws as the case proceeds.

ADF attorneys filed The Babylon Bee v. Lopez in the U.S. District Court for the District of Hawaii. Shawn Luiz, one of more than 4,800 attorneys in the ADF Attorney Network, serves as co-counsel for The Babylon Bee and O’Brien.

Alliance Defending Freedom is an alliance-building, non-profit legal organization committed to protecting religious freedom, free speech, parental rights, and the sanctity of life.

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CB: What’s a little deepfake between friends (This is the only mention of the lawsuit in local media other than Hawai'i Free Press.)

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WNG: ADF, Babylon Bee sue over Hawaii online content law | WORLD

CT: Babylon Bee sues Hawaii over anti-satire law - Christian Today

TPUSA: Babylon Bee Files Lawsuit Against Hawaii Over Political Satire Law - TPUSA LIVE