The Babylon Bee, a popular satirical news website, has joined forces with Alliance Defending Freedom to challenge California’s recently enacted “deepfake” laws. The lawsuit, filed in the U.S. District Court for the Central District of California, takes aim at the state’s efforts to curb online political expression.
The controversy began when Governor Gavin Newsom expressed his disapproval of a parody video featuring Vice President Kamala Harris, suggesting that such content should be “illegal.” The state legislature responded by passing laws that target allegedly “deceptive” online content, which Newsom promptly signed into effect.
Newsom celebrated the new laws, stating that they would prevent the “knowing distribution” of ads or election communications containing “materially deceptive content,” including deepfakes. However, attorneys from Alliance Defending Freedom argue that these laws infringe upon free speech by using ambiguous standards to penalize individuals for posting certain types of online content, including political memes and parodies of public figures.
According to Jonathan Scruggs, ADF Vice President of Litigation Strategy and Center for Conscience Initiatives, “California’s crusade against political memes is a clear case of censorship. The government has no constitutional right to dictate what is true or false in online political debates.” Scruggs emphasized that lawmakers are overstepping their bounds by attempting to regulate online humor, which is a fundamental aspect of free speech.
Seth Dillon, CEO of The Babylon Bee, noted that his team’s job is already challenging due to the often-prophetic nature of their jokes. However, when politicians attempt to exert control over public discourse and stifle comedy, their task becomes even more daunting. Dillon asserted that the First Amendment guarantees their right to create humor, even if it offends those in power.
