Alliance Defending Freedom Fights to Protect Parody in Battle for Online Free Speech
The legal defense firm Alliance Defending Freedom (ADF) has filed a federal lawsuit challenging two recently enacted California laws that regulate online political content, including satire and parody. The lawsuit, filed on behalf of satirical news website The Babylon Bee and California attorney Kelly Chang Rickert, alleges that the new laws unconstitutionally restrict free speech and violate due process.
The two laws in question, AB 2839 and AB 2655, were signed into law by Governor Gavin Newsom in September 2024. According to the complaint, these laws impose sweeping restrictions on online political speech, particularly targeting content deemed “materially deceptive.”
What is Alliance Defending Freedom?
Alliance Defending Freedom (ADF) is an alliance-building, non-profit legal organization committed to protecting religious freedom, free speech, parental rights, marriage and family, and the sanctity of life.
Alliance Defending Freedom Church & Ministry Alliance, a specialized branch of Alliance Defending Freedom (ADF), provides focused legal support to religious organizations. This dedicated division is committed to protecting the fundamental liberties of faith-based institutions, striving to ensure their ability to freely practice and express their religious convictions.
The lawsuit, The Babylon Bee v. Bonta, argues that both AB 2839 and AB 2655 violate the First Amendment’s Free Speech and Free Press Clauses. The complaint states that AB 2839 “uses governmental authority and the threat of punishment to coerce private parties into punishing or suppressing Plaintiffs’ speech that Defendants disfavor.”
A key argument in the lawsuit is that both laws are unconstitutionally vague and overbroad. The complaint states that the laws “do not adequately define various material terms in the statute, including but not limited to ‘deepfake,’ ‘materially deceptive content,’ ‘harm the reputation or electoral prospects of a candidate,’ and ‘falsely undermine confidence in the outcome of one or more election contests.'” Alliance Defending Freedom attorneys contend this vagueness allows for arbitrary enforcement and could lead to widespread censorship of political speech, including satire and parody.
The complaint also argues that “Due process prevents the government from enacting a law so vague that “its prohibitions are not clearly defined.”
According to the legal complaint, The Babylon Bee has chosen to continue publishing satirical and parodical content, refusing to comply with the law’s disclaimer requirement. Rickert, however, has opted to self-censor, refraining from posting certain content to avoid potential legal consequences while also refusing to include the mandated disclaimer.
In a statement on Alliance Defending Freedom Media, Alliance Defending Freedom Vice President of Litigation Strategy and Center for Conscience Initiatives Jonathan Scruggs said that California’s war against political memes is censorship, plain and simple.
“We shouldn’t trust the government to decide what is true in our online political debates. Gov. Gavin Newsom recently signed two laws punishing political speech, with one law taking effect immediately, just as the election season heated up—a time when we need more speech, not less. That includes political parody and satire, a type of expression that has been used throughout our nation’s history. While lawmakers act as if posting and sharing memes is a threat to democracy, these laws target speech California officials don’t like. We are urging the court to immediately halt enforcement of the law in effect now and to affirm the right of The Babylon Bee and Ms. Rickert to speak freely about political matters online,” Scruggs said.
The outcome of this lawsuit could have far-reaching implications for how states approach the regulation of online political discourse and satirical content. It may also set important precedents for similar legislation in other states and potentially influence federal policy on online content regulation.
