The Babylon Bee, LLC v. Castillo

ACTIVE - Private challenge

Case Details

Court:
U.S. District Court, District of New Mexico
Docket:
1:26-cv-02628
Filed:
August 11, 2026
Status:
Complaint filed; pre-enforcement challenge
Plaintiff(s):
The Babylon Bee, LLC
Defendant(s):
Celia Foy Castillo (Chair, New Mexico State Ethics Commission) and other Commission members in their official capacities
Law Challenged:
New Mexico House Bill 182 (2024), codified at NMSA ยง 1-19-26.4 1978 (An Act Relating to Elections Amending and Enacting Sections of the Campaign Reporting Act by Adding Disclaimer Requirements for Advertisements Containing MAterially Deceptive Media)
Legal Theories:
  • First Amendment (content, viewpoint, and speaker-based restrictions on speech)
  • Fourteenth Amendment (vagueness)

Summary

The Babylon Bee sued members of the New Mexico State Ethics Commission to block enforcement of HB 182, which amended the state's Campaign Reporting Act to require a state-mandated disclaimer on "materially deceptive media" involving AI-generated or AI-manipulated content about political candidates or ballot measures. New Mexico's disclaimer requirement applies year-round rather than only near elections, and, according to the plaintiff sweeps in satire, parody, memes, flyers, and social media posts. Violations can carry fines of up to $20,000.

Selected Documents

Timeline

Mar 1, 2024

HB 182 Signed Into Law

Governor Michelle Lujan Grisham signed HB 182 into law.

Jul 1, 2025

AG Advisory Opinion

New Mexico Attorney General Raรบl Torrez issued an advisory opinion concluding that applying HB 182's disclaimer mandate to satire and parody is "likely unconstitutional on its face."

Aug 11, 2026

Complaint Filed

The Babylon Bee filed a pre-enforcement challenge against HB 182, arguing the law's disclaimer mandate unconstitutionally burdens political satire and parody.

Case page generated from YAML data.