HONOLULU – After a federal district court ruled in January that a Hawaii state law censoring online political speech is unconstitutional, Hawaii officials chose not to appeal the decision, but instead to end their defense of the law and pay attorneys’ fees in The Babylon Bee v. Lopez.
Alliance Defending Freedom attorneys represent The Babylon Bee and Hawaii resident Dawn O’Brien who sued the state in June 2025. As part of a settlement agreement, Hawaii officials agreed to pay more than $118,000 in attorneys’ fees.
“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 ADF Legal Counsel Mathew Hoffmann. “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.”
“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,” said The 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.”
“We the people have prevailed,” O’Brien said. “Eō, Hawai’i! I’m grateful for Alliance Defending Freedom’s help in bringing a favorable end to this lawsuit and securing our constitutional rights. Mahalo ke Akua and mahalo to all who continue to fight for our freedoms in Hawai’i-nei.”
Gov. Josh Green signed S2687 into law in July 2024, prohibiting 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 that undermine 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 argued that the law violates fundamental free speech rights by using vague and overbroad standards to punish people for posting certain political content online, including political memes and parodies of politicians.
ADF attorneys won a similar case on behalf of The Babylon Bee in California, resulting in the court there permanently stopping California from enforcing its censorship law.
Shawn Luiz, one of more than 5,200 attorneys in the ADF Attorney Network, serves as co-counsel for The Babylon Bee and O’Brien.
Alliance Defending Freedom is an alliance-building, non-profit legal organization committed to protecting religious freedom, free speech, parental rights, and the sanctity of life.
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