The Babylon Bee, LLC v. Lopez
Case Details
- Court:
- U.S. District Court, District of Hawai'i
- Docket:
- 1:25-cv-00234
- Filed:
- June 4, 2025
- Status:
- Court granted summary judgment for plaintiffs; Act 191 ruled unconstitutional
- Plaintiff(s):
- The Babylon Bee, LLC; Dawn O'Brien
- Defendant(s):
- Anne E. Lopez (Hawai'i Attorney General); other state officials
- Law Challenged:
- Hawai'i Act 191 (2024), codified at HRS § 11-301 et seq. (criminalizing materially deceptive election media created with AI)
- Legal Theories:
-
- First Amendment (content- and viewpoint-based speech restriction; compelled speech)
- Fourteenth Amendment (vagueness)
Summary
The Babylon Bee and Hawai'i resident Dawn O'Brien challenged Hawai'i Act 191 (2024), codified at HRS § 11-301 et seq., which prohibited distribution of "materially deceptive media" that risks harming a candidate's reputation or changing voting behavior. The law required large disclaimers on potentially deceptive content and imposed civil and criminal penalties including jail time and fines.
The court ruled the law unconstitutional, finding it violated the First Amendment because it was content-based that did not survive strict scrutiny. The state has a compelling interest in regulating election advertising, but the law was not narrowly tailored since there were less restrictive alternatives available. The law was also void for vagueness because it used standards such as reckless disregard of "the risk of harming." The court issued a permanent injunction; the state did not appeal and the parties are briefing on attorneys' fees.
Documents
- 📄 CourtListener Docket
- 📄 Complaint (Jun 4, 2025)
- 📄 Summary Judgment Order (Jan 30, 2026)
Timeline
Act 191 Signed Into Law
Governor Josh Green signed Act 191 (S2687) into law, codified at HRS § 11-301 et seq., prohibiting distribution of "materially deceptive media" about candidates and requiring disclaimers on satirical content.
Complaint Filed
The Babylon Bee and Dawn O'Brien filed lawsuit challenging S2687 as unconstitutional limitations on political speech and satire.
Court Hearing
Hearing held before U.S. District Court for the District of Hawai'i.
Summary Judgment Granted
Court granted plaintiffs' motion for summary judgment and denied defendants' motion, ruling Act 191 unconstitutional.
Case page generated from YAML data.