California’s “deepfake” law shows, once again, that progressive authoritarians seek to ruin everything fun.
Gov. Gavin Newsom and the state’s legislature recently went full Karen and passed a law banning political deepfakes and placing restrictions on satire. Now, one of the nation’s leading satirical outlets is fighting back.
The Babylon Bee and the Alliance Defending Freedom (ADF) filed a lawsuit against the state of California on Monday, challenging new laws that the satire site claims target political parody and free speech, according to a Daily Wire exclusive.
The lawsuit, filed in the U.S. District Court for the Central District of California, comes after Newsom signed legislation aimed at curbing the spread of AI-generated “deepfake” content. Critics like The Babylon Bee argue that the legislation will disproportionately affect satirists.
The laws were passed after Newsom wrote a post on X suggesting that a parody video of Democratic presidential nominee Kamala Harris should be “illegal.” The state’s legislature then passed two laws banning political expression labeled as “materially deceptive content.”
Bablyon Bee CEO Seth Dillon argued that the laws, which require certain types of parody and satire to be clearly labeled as such, threaten the integrity of satire and parody, which rely on subtlety and humor. “If we’re unable to publish satire without putting disclaimers all over it, and we’re going to face potential penalties if we don’t do that, then that’s a very serious issue too,” he told The Daily Wire.
In a public statement, Dillon explained that they are “fighting back in every way that we can against laws that clamp down on speech,” and emphasized that the laws would fundamentally alter how satirical content is perceived and possibly diminish its impact.
“These laws were passed by politicians to protect politicians from speech that they don’t like,” said ADF president Kristen Waggoner.
“Satire and parody are protected speech under the First Amendment because it trusts the American people to be able to think and decide for themselves in the context of debating political candidates and issues,” the Babylon Bee’s lawsuit argues.
Newsom and his fellow authoritarians defended the laws, arguing that they are aimed at AI-generated content that supposedly has the potential to “undermine the public’s trust through disinformation.”
Of course, those opposing the laws are right.
California is trying to crack down on speech because it can be used to attack their politicians. Newsom and his cronies are simply using the power of the state to implement the progressive playbook: Attack speech you don’t like under the guise of combating “misinformation” and “disinformation.”
I also have a dog in this fight as a satirist. I often post funny, satirical headlines and articles mocking both sides of the political spectrum. With any satire or parody, there will always be folks who think it’s real. This is not an excuse to weaponize the government against those producing the content.
My 2021 satirical tweet about Virginian Gov. Gavin Newsom sending a fruit basket to Terry McAullife would not have been nearly as funny or entertaining if I had to put a big “this is satire” label on it:
BREAKING: Virginia Governor-elect Glenn Youngkin sends a fruit basket with a 'thank you' card to the Lincoln Project.
— Jeff Charles, Doni's St. Bernard🏴 (@jeffcharlesjr) November 3, 2021
"It's the least we can do. After all, they were instrumental in helping us defeat Terry McAuliffe," said a Youngkin aide.
Even further, making fun of the Senate’s dress code changes by posting about Sen. Cory Booker showing up to the Capitol building in booty shorts would not have been as impactful if I had to slap a label on it:
BREAKING: Sen. Cory Booker Faces Criticism for Wearing Pink Booty Shorts at Capitol After Dress Code Change
— Jeff Charles, Doni's St. Bernard🏴 (@jeffcharlesjr) September 21, 2023
"[These shorts] represent the freedom to be oneself in an institution often characterized by conformity. Plus, they're incredibly comfortable." pic.twitter.com/xnoIDgHLvP
The essence of satire is that it often exaggerates to the point of absurdity to make a point. It is the use of humor to express an idea based on a subtextual truth. Should the government have the power to punish the Babylon Bee and folks like myself just because we don’t always blatantly label our work as satire?
Of course not.
These laws are an egregious overreach on California’s part and a clear infringement on the right to freedom of expression. Hopefully, the lawsuits will put an end to Newsom’s latest authoritarian endeavor.
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