The Babylon Bee Sues To Block California Censorship Law

The Babylon Bee, a popular satire website, has filed a lawsuit to block a California law that they believe gives the state the ability to censor their content.

The site is part of a coalition that has petitioned a California federal court to block AB 587, a law that was passed in 2022 and requires social media companies to periodically report certain content to the government, including “hate speech” and “disinformation.” The plaintiffs claim that this law is a way for California Democrats to suppress speech that they disagree with.

The lawsuit asserts that “those who hold power in the Golden State have been open about their displeasure with the speech being published on social media platforms.” Both California Governor Gavin Newsom and Attorney General Rob Bonta have stated that they intend to use their power to silence speech that they label as “disinformation,” “hate speech,” or “extremism,” all of which are constitutionally protected forms of expression.

The lawsuit argues that the ambiguous language of the law, particularly words like “misinformation,” could give the attorney general too much power, allowing him to censor content. The attorney general could also fine companies for incomplete or slow reports without a clear definition of what constitutes these violations.

The plaintiffs also claim that Governor Newsom has made it clear that the law was intended to censor content. The governor said in a statement when he signed the law into effect that, “California will not stand by as social media is weaponized to spread hate and disinformation that threaten our communities and foundational values as a country.”

Joining The Babylon Bee in their lawsuit are Minds, a social media site that promotes free speech, and podcaster Tim Pool. Although they are the first to file a legal complaint, they are not the first to express concerns about the law’s impact on free speech. Internet advocates such as the Electronic Frontier Foundation fought against AB 587 as it made its way through the legislature, stating that it violated the First Amendment. Meanwhile, Silicon Valley companies argued that the law would impede their efforts to regulate “harmful” content by revealing their content moderation practices to bad actors.

The authors of AB 587 presented the law as a transparency measure that sought to navigate a neutral path through the internet censorship debate that was raging during the COVID-19 pandemic in both red and blue states, with support from groups such as the Anti-Defamation League.

The Babylon Bee lawsuit is the latest pushback against California laws that critics fear will limit free speech. Earlier this year, a federal judge blocked a law targeting doctors in the state who spread “misinformation” or “disinformation” about COVID-19, calling it “unconstitutionally vague.”