One of the most popular right-leaning satire sites is taking on a state law that potentially criminalizes humor and political memes shared on social media.
Alliance Defending Freedom (ADF) attorneys representing The Babylon Bee and a Hawaii resident filed a federal lawsuit on June 4 against a Hawaii law that poses a threat to free speech. ADF argues that the state law “violates fundamental free speech and due process rights by using vague and overbroad standards” to censor and penalize satire and political humor. ADF Legal Counsel Mathew Hoffmann added that “Hawaii’s war against political memes and satire is censorship, pure and simple.”
S2687 became law last July following Democrat Gov. Josh Green’s signature, requiring disclaimers on satirical content and thus undermining the humor, ADF explained.
The law also bans “materially deceptive media” that is deemed to be showing politicians in a way that risks harming “the reputation or electoral prospects of a candidate,” including satirical depictions or memes.
Violators could face not only lawsuits and fines, but even jail time. The first violation of the law can result in a fine of up to $1,000 and a potential jail term of up to 30 days. A second violation, committed within five years of the initial conviction, may incur a fine of up to $2,000 and a prison term of up to one year.
Hoffmann argued that the state law violates the U.S. Constitution. “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,” he said. “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.”
Babylon Bee CEO Seth Dillon blended humor and seriousness in his comment. “We’re used to getting pulled over by the joke police, but comedy isn’t a crime,” Dillon said, as quoted by ADF. “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.”
Dawn O’Brien, the Hawaiian resident who joined the lawsuit, stated, “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!”
Federal courts and agencies are increasingly scrutinizing censorship on social media, and both Google and Facebook face Federal Trade Commission cases currently on censorship and antitrust.
Free speech is under attack! Contact your representatives and demand that Big Tech be held to account to mirror the First Amendment while providing transparency, clarity on hate speech and equal footing for conservatives. If you have been censored, contact us using CensorTrack’s contact form, and help us hold Big Tech accountable.
