The Babylon Bee has sued the state of Hawaii along with plaintiff Dawn O’Brien, challenging a new law that criminalizes online political satire. The 2024 statute imposes harsh penalties—including jail time, fines, and even disqualification from holding public office—for the use of “materially deceptive media” that could mislead voters. Critics argue the definitions are vague, enabling arbitrary enforcement against satirical content.
The law mandates that political satire must clearly disclaim its fictional nature, stating the content depicts something that “did not occur.” The Bee contends this requirement forces creators to include state-approved messaging that undermines satire’s impact, infringing on creative freedom. Owner Seth Dillon emphasized their refusal to comply: “We’re used to getting pulled over by the joke police, but comedy isn’t a crime”.
The lawsuit seeks a court injunction to halt enforcement of the law and a ruling that it violates the First Amendment. Plaintiffs argue it grants state officials unchecked discretion to punish creators based on subjective interpretations of what constitutes “deception” in political speech. Dawn O’Brien, a Honolulu meme creator, joined the case, claiming the statute threatens to suppress everyday political commentary.
This case follows similar challenges in other states where satire and parody intersect with disinformation laws. The Babylon Bee previously opposed California statutes targeting “deepfake” content, suing under arguments that satire is core political expression.
As the legal fight unfolds, the verdict could define the boundaries of comedic speech in elections and set a precedent for digital expression. The ruling may determine whether governments can require disclaimers for satire or wield new authority to police content under broad disinformation mandates.
