The Babylon Bee v. Bonta (Appeal)

ACTIVE - Private challenge

Case Details

Court:
U.S. Court of Appeals, Ninth Circuit
Docket:
25-6138
Filed:
September 30, 2025
Status:
Appeal pending in Ninth Circuit (consolidated cases)
Plaintiff:
The Babylon Bee, LLC; Kelly Chang Rickert; Christopher Kohls, Rumble Inc., Rumble Canada Inc., and X Corp.
Defendant:
Rob Bonta (California Attorney General) and Shirley N. Weber (California Secretary of State)
Law Challenged:
California AB 2655 (Defending Democracy from Deepfake Deception Act)
Legal Theories:
  • Preempted by 47 U.S.C. § 230

Lower Court Decision

Court:
U.S. District Court, Eastern District of California
Docket:
2:24-cv-02787-JAM-CKD
Judge:
John A. Mendez
Decision:
The parties stipulated that AB 2655 was preempted by 47 U.S.C. § 230. In addition, summary judgment was granted for plaintiffs on AB 2839, which was permanently enjoined as unconstitutional.
Decision Date:
August 20, 2025

Summary

California’s appeal of the district court’s order on stipulation that AB 2655 is preempted by 47 U.S.C. § 230.

This consolidated appeal combines both Kohls v. Bonta, The Babylon Bee v. Bonta, Rumble Inc. v. Bonta, and X Corp. v. Bonta, which were consolidated at the district court level and challenge the same California laws regulating AI-generated political content.

Documents

Timeline

Aug 20, 2025

Entry of judgment on AB 2655

District court enters judgement that AB 2655 violates and is preempted by 47 U.S.C. § 230(c)(1),

Aug 29, 2025

District court decision on AB 2839

District court granted summary judgment for plaintiffs permanently enjoining AB 2839.

Sep 30, 2025

Notice of Appeal Filed

California Attorney General filed notice of appeal to Ninth Circuit.

Jan 12, 2026

Defendant's opening brief filed

California appealed the decision that AB 2655 was preempted by 47 U.S.C. § 230 but did not appeal the holding that AB 2839 was unconstitutional.