Babylon Bee and California Attorney Sue Over State Laws Restricting Political Satire and Memes
California is in the midst of another legal battle over two new state laws that plaintiffs believe violate their First Amendment’s right to free speech and promote censorship.
Alliance Defending Freedom (ADF) attorneys representing satire website The Babylon Bee and California attorney Kelly Chang Rickert filed a lawsuit have filed filed a complaint Monday challenging two California laws that censor online content, including political satire and parody. Gov. Gavin Newsom recently signed the laws that censor freedom of speech by using vague standards to punish people for posting certain political content online, including political memes and parodies of politicians.
Complaint & Motion to Halt Enforcement
The complaint was then followed by a motion in the U.S. District Court for the Central District of California, seeking to halt enforcement of two new state laws they argue infringe on free speech. The laws, signed by Governor Gavin Newsom, regulate political memes and satire, which ADF claims threatens the ability to freely express political opinions online, particularly during election season.
The motion is part of an ongoing lawsuit, The Babylon Bee v. Bonta, challenging the constitutionality of these laws. One of the laws (AB 2839) compels creators of satirical content to include disclaimers, while the other (AB 2655) imposes penalties on large online platforms that fail to label or remove what is deemed “materially deceptive content” about candidates or elected officials. Penalties for violating these laws include heavy fines, legal fees, and damages.
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“California’s war against political memes is censorship, plain and simple. We shouldn’t trust the government to decide what is true in our online political debates,” said Jonathan Scruggs, ADF’s Vice President of Litigation Strategy. “Gov. Newsom has no constitutional authority to act as the humor police. While lawmakers act as if posting and resharing memes is a threat to democracy, these laws censor speech that California officials don’t like. We are urging the court to affirm that the First Amendment protects The Babylon Bee’s and Ms. Rickert’s freedom to poke fun at political leaders.”
The Babylon Bee Continued to Post
The Babylon Bee, known for its satirical takes on politics and current events, continues to post content despite the new laws. However, Rickert, who also runs a personal blog and uses social media to share political opinions, expressed concern that her content could violate the laws, leading to severe penalties.
Babylon Bee CEO Seth Dillon highlighted the chilling effect these laws could have on free speech, particularly during a time when political satire plays an important role. “Our job is hard enough when our jokes keep coming true, as if they were prophecies,” Dillon remarked. “But it becomes significantly more difficult when self-serving politicians abuse their power to control public discourse and clamp down on comedy. Fortunately, the First Amendment secures our right to tell jokes they don’t like.”
Rickert echoed the sentiment, stating, “My personal blog and social media accounts don’t need Newsom’s stamp of approval. This attempt to silence humor and other content is a blatant use of power to silence dissent.”
Law Followed Deep Fake of Kamala Harris on X
The legislation follows comments from Gov. Newsom, who, after a parody video of Vice President Kamala Harris surfaced in July, stated that such content “should be illegal.” The California Legislature then fast-tracked the bills, which were signed into law on September 17.
Both ADF and The Babylon Bee argue that these laws compel speech they disagree with and chill free speech. The lawsuit points out that the laws use vague language and grant too much power to state officials to police content they find objectionable.
ADF filed the lawsuit on behalf of The Babylon Bee and Rickert, with David Shaneyfelt of the Alvarez Firm serving as local counsel. The case could have far-reaching implications for online political speech, particularly in the realm of satire and parody, as election season heats up in California.
