A popular Christian satire website, The Babylon Bee, has filed a lawsuit against California Governor Gavin Newsom to protect satire and free speech. The suit, supported by Alliance Defending Freedom (ADF) attorneys, challenges two recently enacted laws that restrict political content online. Joining The Babylon Bee in the lawsuit is Kelly Chang Rickert, a California attorney who argues that her personal blog and social media accounts are also threatened by these laws. Together, they seek to defend their First Amendment rights against what they call a blatant attempt to censor political dissent.
The two laws at the heart of the case, AB 2839 and AB 2655, were signed into law by Governor Newsom in September 2024. These laws aim to regulate “materially deceptive content” during election periods, targeting posts that could harm a candidate’s electoral chances. Critics argue that the laws, written with vague language and broad terms, give the state excessive power to silence political memes, satire, and other forms of online expression that humorously critique politicians. In a time when political humor plays a key role in shaping public opinion, this lawsuit is about much more than legal language—it’s a fight for the future of free speech in California.
“Every American has a right to speak truth to power, even through satire,” said Greg Burt, Vice President of California Family Council. “California’s new laws don’t just silence humor; they are a thinly veiled attempt to stifle political dissent, and we fully support The Babylon Bee and Kelly Chang Rickert in their fight for free speech.”
Satire Under Siege
The Babylon Bee, known for its sharp satire of political figures and societal trends, has become a target for censorship. One of the laws (AB 2839) even mandates that satirical content be labeled with a disclaimer, completely undermining the effectiveness of satire. According to the lawsuit filed with the U.S. District Court for the Central District of California, such requirements defeat the point of parody. As Babylon Bee CEO Seth Dillon noted, “Our job is hard enough when our jokes keep coming true, as if they were prophecies. But it becomes significantly more difficult when self-serving politicians abuse their power to try and control public discourse and clamp down on comedy.”
Indeed, satire serves as a crucial tool for political commentary, allowing individuals to critique authority figures and policies in a humorous yet thought-provoking manner. Without the ability to poke fun at politicians, free speech becomes increasingly restricted. Dillon continued, “Unfortunately for them, the First Amendment secures our right to tell jokes they don’t like.” This is the core of the argument in the lawsuit: political satire is not a threat to democracy but rather a vital component of it.
California’s War on Memes
Governor Newsom’s fast-tracking of AB 2839 and AB 2655 came shortly after he expressed outrage over a parody video of Vice President Kamala Harris, reposed by Elon Musk, calling it something that “should be illegal.” The bills were passed with the stated goal of protecting the public from “deceptive” political content, but critics, including The Babylon Bee, view the legislation as an attack on free expression. The language in the laws is so broad that it leaves open the possibility for abuse, enabling state authorities to label any political meme or satire as harmful if it doesn’t align with their viewpoints.
ADF Vice President of Litigation Strategy, Jonathan Scruggs, condemned the laws, saying, “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.” The lawsuit emphasizes that these laws are an unconstitutional attempt to control public discourse, placing the government in the position of “humor police.”
The Role of Alliance Defending Freedom
Alliance Defending Freedom (ADF), a Christian legal organization known for its commitment to protecting free speech, religious liberty, and parental rights, has taken up the case on behalf of The Babylon Bee and Kelly Chang Rickert. ADF attorneys argue that the laws compel individuals to include disclaimers and limit what they can post online, violating the constitutional right to free speech. Moreover, the chilling effect of these laws has already led Rickert to refrain from posting certain political content out of fear of punishment by state authorities.
ADF has a strong track record in free speech cases, often defending individuals and organizations against government overreach. “While lawmakers act as if posting and resharing memes is a threat to democracy, these laws at the end of the day censor speech California politicians don’t like,” said Scruggs. The lawsuit is a critical test case not just for The Babylon Bee and Rickert but for all Californians who value the ability to speak freely without fear of government retaliation.
Looking Ahead
As this case unfolds in the courts, the outcome could set an important precedent for the future of free speech, especially in an era where online content plays such a significant role in shaping political debates. The Babylon Bee and Kelly Chang Rickert are standing firm against laws they believe will stifle creative expression and dissent. In a statement that captures the essence of the fight, Rickert said, “My personal blog and social media accounts don’t need Newsom’s stamp of approval. This attempt to silence humor and other content that appeals to me and my audience is a blatant use of power to silence dissent.”
The First Amendment was designed to protect precisely this kind of speech—speech that challenges, critiques, and yes, even mocks, those in power. The Babylon Bee’s lawsuit isn’t just about jokes; it’s about defending the core freedoms that allow all Americans to speak their minds without fear of government interference. As this legal battle continues, it serves as a reminder that in a free society, even satire must be protected.
