I’m thrilled to share an important win in the ongoing battle for free speech. In September, Life Legal Board Member and Alliance Defending Freedom (ADF) allied attorney David Shaneyfelt filed a federal lawsuit against California Governor Gavin Newsom on behalf of The Babylon Bee. This lawsuit challenges a newly enacted law, AB 2839, which infringes on First Amendment rights by censoring online political content—including satire and parody.
The Babylon Bee is a refreshing and essential voice in the public square, using satire and humor to highlight cultural and political issues. Its election-related content, often a playful but insightful critique of the political process, has resonated with millions, sparking conversations about everything from campaign strategies to critical public policy issues, including the right to life.
AB 2839 was enacted following the viral spread of a parody video about Kamala Harris, which gained over 100 million views after being retweeted by Elon Musk. In response, Governor Newsom stated that such content “should be illegal,” despite the video’s title clearly indicating it was a parody. The new law targets “materially deceptive” digital content related to candidates and elections, imposing crippling penalties and mandating draconian disclaimers (see example below)—even on content that is clearly satirical. These restrictions violate the First Amendment, using vague standards that suppress legitimate political expression.
EARLY VICTORY! Just a few weeks ago, a federal district court ruled that AB 2839 likely violates the First Amendment. Following this decision, California officials agreed not to enforce the law while the lawsuit continues. This ruling is a significant win, allowing The Babylon Bee and others to continue posting political content without fear of censorship or legal repercussions during the case.
Satire and parody serve as powerful tools for free speech, using humor to shed light on the absurdities of our time and to convey important truths and messages that might otherwise go unnoticed. AB 2839 threatens this freedom, especially targeting perspectives from religious and conservative voices. As Shaneyfelt and The Babylon Bee argue, “By singling out and censoring political speech, California hasn’t saved democracy—it has undermined it.”
Congratulations to David, ADF, and The Babylon Bee for taking a courageous stand in defense of free speech and for achieving a significant early victory in challenging AB 2839.
And thank YOU for standing with us in the critical fight for First Amendment liberties. Together, we can continue to make a lasting impact in California and beyond.