A failed attempt by officials in the state of Hawaii to censor satire now is costing tens of thousands of dollars.
Actually, about $118,000.
That’s what the state has agreed to pay for lawyers’ fees for losing a case challenging its censorship agenda.
It had imposed rules on satirists that infringed the First Amendment, and a lawsuit was brought by the Babylon Bee and Hawaii resident Dawn O’Brien.
A federal district court recently has ruled that the state law was unconstitutional.
Officials in the state then decided against appealing their losing argument, and now have reached a settlement agreement in which the state agreed to pay more than $118,000. The ADF represented the Babylon Bee in the case.
“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 Mathew Hoffman, ADF lawyer. “Hawaii’s war against political memes and satire has come to an end, thankfully. The First Amendment doesn’t allow any state to choose what political speech is acceptable and censor speech in the name of ‘misinformation.’ That censorship is both undemocratic and unnecessary.”
Seth Dillon, chief of the Babylon Been, said, “This settlement marks yet another victory for the First Amendment and for anyone who values the right to speak freely on political matters without government interference.”
It was Hawaii Gov. Josh Green who signed into law in 2024 a prohibition on 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.”
The state demanded “large disclaimers” for satire, under the threat of fines.
California also lost a similarly situated case brought by the Babylon Bee earlier.
WorldNetDaily reported that the court’s ruling in the case said the state’s law never could be enforced.
The court ruling said, “Upon review of the record in conjunction with the relevant legal authorities, the court finds that Act 191 discriminates based on content and speaker and, in doing so, restricts constitutionally protected political speech, making Act 191 presumptively invalid and subject to strict scrutiny.”
The opinion continued, “The First Amendment, applicable to the states through the Fourteenth Amendment, prohibits laws that abridge the freedom of speech.”
It said, “Accordingly, a government cannot ‘restrict expression because of its message, its ideas, its subject matter, or its content.’”
The Bee is noted for its satire and parody, attracting a huge audience with its daily pokes and prods at self-satisfied politicians and their kind.
