By Michaela Gordoni
The Babylon Bee just won a major free speech case against Hawaii’s censorship law.
The Hawaiian law that censored online political speech was determined unconstitutional in a recent federal court ruling. The first violation of the law carried a fine of up to $1,000 and up to 30 days imprisonment. A second violation within five years of the first increased the penalty to $2,000 and one year imprisonment, CBN reported.
Hawaii resident Dawn O’Brien, who partnered with the Bee, said the law forced her to avoid posting content she would otherwise post so that she didn’t face penalties.
“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’ (family/community),” she said. “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!”
Related: Babylon Bee Backs Bill to Hold Big Tech Accountable and Protect Social Media Users
The Alliance Defending Freedom represented the Bee and O’Brien, claiming the law uses vague standards to punish people for sharing political content.
“Hawaii’s war against political memes and satire is censorship, pure and simple,” said ADF Legal Counsel Mathew Hoffmann. “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.”
Judge Shanlyn Park said the law was indeed vague.
“Political speech, of course, is at the core of what the First Amendment is designed to protect,” she said. “Rather than require actual harm, (S2687) imposes a risk assessment based solely on the value judgments and biases of the enforcement agency—which could conceivably lead to discretionary and targeted enforcement that discriminates based on viewpoint.”
Park added that Hawaii could employ media literacy and existing fraud laws to protect people from political misinformation, instead of restricting free speech.
“This decision marks yet another victory for the First Amendment and for anyone who values the right to speak freely on political matters without government interference,” said Babylon Bee CEO Seth Dillon. “We are grateful to Alliance Defending Freedom for representing us as we continue to challenge laws that treat comedy like a crime.”
In 2024, the Bee sued California in two separate suits for laws that banned speech online. The next year, a federal court ruled the laws were unconstitutional.
“We’re used to getting pulled over by the joke police,” Dillon joked.
Hopefully, the joke police will lay low for a while considering the Bee’s had three cases go in its favor already.
Read Next: How Babylon Bee Uses Satire to Champion Truth: ‘It Serves to Give People Courage’
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