Babylon Bee, Hawaii resident challenge state law criminalizing political speech

News Release from ADF, December 2, 2025

HONOLULU – Alliance Defending Freedom attorneys representing The Babylon Bee and a Hawaii resident will argue their case at a December 3 hearing before the U.S. District Court for the District of Hawaii in The Babylon Bee v. Lopez, a case in which the online satire site is seeking to protect the constitutionally protected right to freely post political content online.

Gov. Josh Green signed S2687 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” or simply risks “changing … voting behavior.” To post such content, The Bee and others must include large disclaimers, destroying 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 argue that 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.

“Hawaii’s war against political memes and satire is censorship, pure and simple,” said ADF Legal Counsel Mathew Hoffmann, who will argue before the court. “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.”

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

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.

ADF attorneys recently won a similar case on behalf of The Babylon Bee in California, resulting 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.

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