California’s Attempt To Censor Political Parody, Stifle Free Speech Thwarted By Federal Court
Landmark Ruling Protects Political Speech and Satire Online, Affirms Right to Criticize Government
A federal district court has ruled that two California laws aimed at regulating online political speech are unconstitutional, marking a significant victory for free speech advocates, including the satire website The Babylon Bee and the video platform Rumble.
In two separate but related lawsuits, The Babylon Bee v. Bonta and Rumble v. Bonta, the U.S. District Court for the Eastern District of California found that Assembly Bill 2839 (AB 2839) and Assembly Bill 2655 (AB 2655) violated the First Amendment. The lawsuits, spearheaded by attorneys from the Alliance Defending Freedom (ADF), challenged the state’s attempt to censor online political commentary and compel online platforms to act as government censors.
AB 2839 sought to punish individuals for engaging in certain political commentary, including posting satirical memes and parodies of politicians. The law was challenged by The Babylon Bee and California attorney and blogger Kelly Chang Rickert, who argued it was a direct assault on their right to use humor to critique public figures.
“Making fun of politicians and criticizing the government is a core First Amendment right. That includes using new technology to create parody campaign ads or satirical memes,” said ADF Senior Counsel Johannes Widmalm-Delphonse, who argued the case. “The court was right to rein in California’s blatant censorship. We can’t trust the government to decide what is true in our online political debates.”
The second law, AB 2655, required large online platforms to remove certain political commentary, effectively forcing them to act as government-appointed censors. The lawsuit against this law was brought by Rumble, a video-sharing platform known for hosting a wide range of content, including political commentary.
“It is alarming to think that government officials could decide which political speech is permitted, silenced, or erased altogether,” said Chris Pavlovski, CEO and Founder of Rumble. “At Rumble, we are unwavering in our commitment to free expression and creative freedom, which is why we’re proud to join with ADF in defending the fundamental right to speak openly online.”
The court’s opinion underscored the importance of an open marketplace of ideas, stating, “When it comes to political expression, the antidote is not prematurely stifling content creation and singling out specific speakers but encouraging counter speech, rigorous fact-checking, and the uninhibited flow of democratic discourse.”
The Babylon Bee CEO Seth Dillon celebrated the ruling, noting that the decision secures the right to “tell jokes, even ones the government doesn’t like.” Similarly, Kelly Chang Rickert expressed relief that her personal blog and social media accounts would not need “Governor Newsom’s stamp of approval.”
Brian R. Chavez-Ochoa of Chavez-Ochoa Law Offices served as local counsel for the plaintiffs, supported by the ADF Attorney Network. The ruling is a significant setback for state-level efforts to regulate online speech and is expected to have ripple effects on similar legislative initiatives nationwide.
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