Hawaii court blocks state’s satire censorship law
Babylon Bee, Hawaii resident prevail against state law banning political memes
News Release from ADF, Friday, Jan 30, 2026
HONOLULU – A federal district court ruled Friday that a Hawaii law that censors online political speech is unconstitutional. In its decision in The Babylon Bee v. Lopez, the court ruled that the state can’t censor certain political speech it doesn’t like. Alliance Defending Freedom attorneys represent satire website The Babylon Bee and Hawaii resident Dawn O’Brien in the lawsuit.
Gov. Josh Green signed S2687 into law in July 2024, prohibiting the distribution of “materially deceptive media” that portrays politicians in a way that risks harming “the reputation or electoral prospects of a candidate” or simply risks “changing … voting behavior.” To post such content, The Bee and others must include large disclaimers that undermine the speaker’s message and the purpose of satire. Violations of the law carry harsh penalties, including jail time, large fines, and lawsuits. ADF attorneys argued that the law violates fundamental free speech rights by using vague and overbroad standards to punish people for posting certain political content online, including political memes and parodies of politicians.
“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,” said ADF Legal Counsel Mathew Hoffmann, who argued before the court. “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.”
“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,” said The Babylon Bee CEO Seth Dillon. “We are grateful to Alliance Defending Freedom for representing us as we continue to challenge laws that treat comedy like a crime.”
“We the people have prevailed,” O’Brien said. “Eō, Hawai’i! I’m grateful for the court’s decision to block Governor Green and the Legislature’s law that would have stripped us of our constitutional freedoms. Mahalo ke Akua and mahalo to all who continue to fight for our freedoms in Hawai’i-nei.”
The law received extensive negative feedback during the legislative process, including from the Hawaii Office of the Public Defender. The Motion Picture Association—which members include The Walt Disney Studio Motion Pictures, Netflix Studios, and Warner Bros—also asked the Legislature to add an exemption for “parody and satire.” But it did not.
“Political speech, of course, is at the core of what the First Amendment is designed to protect,” the court wrote. “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.”
ADF attorneys won a similar case on behalf of The Babylon Bee in California, resulting in the court there permanently stopping California from enforcing its censorship law.
Shawn Luiz, one of more than 5,000 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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