We have previously discussed laws that seek to criminalize “materially deceptive” political content worldwide, including memes and parodies. A civil law was blocked in California, where satirists and comedians opposed a Democratic law barring parodies and other expressions considered misleading. Now, legislators in Hawaii are trying again with a new law (S 2687) that criminalizes “recklessly” distributing “materially deceptive media.” It is clearly unconstitutional and is only the latest such effort to chip away at free speech protections in the United States.
Gov. Josh Green (who is up for re-election) signed S2687 into law in July 2024. It prohibits the distribution of “materially deceptive media” that portrays politicians in a way that risks harming “the reputation or electoral prospects of a candidate.”
It also forces distributors of satirical content to post large disclaimers on the satirical nature of the content, which the litigants argue negates the satirical intent.
Violators face jail time, large fines, and lawsuits.
S2687 makes a first-time violation “a petty misdemeanor.” Haw. Rev. Stat. § 11-303(d). Conviction for a petty misdemeanor can result in a sentence of up to 30 days in prison and a fine of up to $1,000. Haw Rev. Stat. §§ 701- 107(4), 706-640(1)(e).
A second violation “within five years of a previous conviction for” S2687 is “a misdemeanor.” Haw. Rev. Stat. § 11-303(e). Conviction for a misdemeanor can carry a sentence of imprisonment of up to one year and a fine of up to $2,000. Haw Rev. Stat. §§ 701-107(3), 706-640(1)(d).
Violating S2687 “with the intent to cause violence or bodily harm” is “a class C felony.” Haw. Rev. Stat. § 11-303(f). Conviction for a class C felony can carry a sentence of imprisonment of up to five years and a fine of up to $10,000. Haw Rev. Stat. §§ 706-660(1)(b), 706-640(1)(c).
The law is enforceable for nine months before every election, with exemptions for “disclaimers, broadcasters, and interactive computer services.”
The Bablyon Bee and a Christian satire website are among the challengers to the law. Alliance Defending Freedom is representing the litigants.
Astonishingly, only one legislator voted against the law in Hawaii despite opposition from the Hawaii Office of the Public Defender and Hollywood’s chief lobbying group. It is a chilling measure of the decline of free speech values, particularly in the Democratic Party.
Once again the American left is taking the lead from Europe in such laws. Countries like Germany have prosecuted those who parody politicians.
Leading Hawaii Democrats have been lampooned in satire on sites like Bablyon Bee and those postings would now be treated as criminal matters. That includes Babylon Bee running such items as Senator Hirono Demands ACB Be Weighed Against A Duck To See If She Is A Witch, Babylon Bee (Oct. 14, 2020).
AI-generated content does raise serious problems for possible legislative changes. However, there are already laws governing the impersonation of individuals as well as forms of fraud. This law sweeps far too broadly in my view to pass constitutional muster.
The question that comes to mind is how far up the judicial ladder must this case go before the law is found unconstitutional? Given that it became law in HW, it wouldn’t surprise me that it will make it SCOTUS.
*. Perhaps the Bee will cite the Larry Flynt, Hustler mag case as it set the standard for satire. Great patriot for freedom of the press.
I know you agree.
Best complaint, ever.
In Other News: “Hawaiian Ministry of Culture Madates Hollywood Resurrect Blaxploitation Films to Achieve Equity”
Ministry Spokespersonofcolor Rachel Dolezal announced today that any film or media outlet wishing to create or broadcast within Hawaii must conform to the new Blaxploitation mandate, which the state claims will shine a positive light on harmonizing an inclusive society.
Already one studio from Berkeley took up the mandate announcing a reboot of an old Hawaii favorite featuring Steve McGarrett as the leader of an elite state police investigative service, this time rebranded as “Hawaii: Jive Ho”
The ‘Jive Ho’ unit will be a state-wide vice squad created to enforce quality assurance mandates of the state controlled prostitution racket. Typical episodes will feature an errant or misbehaving prostitute who turns tricks on her own, refuses a customer, or irritates her pimp-supervisor. All episodes end with McGarrett arresting the Hooker or her accomplices shouting…”Book her, Danno”…after slapping her in the face.
The ministry believes the mandate will be unquestionably effective in granting people of color the respect they deserve because, after all, the ministry consists entirely of rich white people who attended university and saw a black person there for the first time (and yes he was their friend).
Dave Chappelle on Rachel Dolezal
🔥
In Other News: “Hawaiian Ministry of Culture Madates Hollywood Resurrect Blaxploitation Films to Achieve Equity”
Ministry Spokespersonofcolor Rachel Dolezal announced today that any film or media outlet wishing to create or broadcast within Hawaii must conform to the new Blaxploitation mandate, which the state claims will shine a positive light on harmonizing an inclusive society.
Already one studio from Berkeley took up the mandate announcing a reboot of an old Hawaii favorite featuring Steve McGarrett as the leader of an elite state police investigative service, this time rebranded as “Hawaii: Jive Ho” This time the ‘Jive Ho’ unit is a state-wide vice squad created to enforce quality assurance mandates of the state controlled prostitution racket. Typical episodes will feature an errant or misbehaving prostitute who turns tricks on her own, refuses a customer, or irritates her pimp-supervisor. All episodes end with McGarrett arresting the Hooker or her accomplices shouting…”Book her, Danno”…after slapping her in the face.
The ministry believes the mandate will be unquestionably effective in granting people of color the respect they deserve because, after all, the ministry consists entirely of rich white people who attended university and saw a black person there for the first time (and yes he was their friend).
AI Overview
Rachel Dolezal, who now goes by the name Nkechi Diallo, was recently fired from a teaching job in Tucson, Arizona, due to having an OnlyFans account. She previously worked for the Catalina Foothills Unified School District as an after-school instructor. She had also been a contributor to The Inlander, an alternative weekly newspaper in Spokane, and was previously the president of the NAACP’s Spokane chapter.
The purpose and intent of satire is to ridicule power and the powerful. It is by definition “materially deceptive” and fully intended to be irreverent. Only aspiring dictatorships are opposed to it.
Hear ye Hear Ye: To all those in the State of Hawaii.
You will no longer be able to; laugh, chuckle, nor be amused.
If a Smile is found on your face, You will be taken to Prison to die.
It is written by Legislature, King Kamehameha has spoken.
[Note: This is a Parody of Hawaiian Law]
“It is a chilling measure of the decline of free speech values, particularly in the Democratic Party.”
No, it is a measure of how far the Democratic Party has slid to the extreme Far Left. They are now so far to the Left that they are increasingly becoming totalitarians not unlike the Bolsheviks.
Very interesting article from the Politico Magazine today. The turn tail and creep away from wokeism by the left is amazing. https://www.politico.com/news/2025/06/07/great-unawokening-2028-presidential-candidates-00393376.
Let me make a prediction. If the left, though now denying woke should regain power wokeism will come roaring back. We were right but now we are wrong but we were wrong about being wrong will be the truth speak of the times. Put more simply. I wouldn’t trust em with a bag a beans and neither would their own mother.
No surprise here. Kings today as in centuries past prohibit any questioning of the King. If history is a precedent, once allowed the penalties will grow ever more punitive. The incarcerations will call for a rebuilding of the tower of London where the miscreants will be held for as long as the King decides is necessary as in forgotten. The first amendment was included in the bill of rights for a reason. Thankfully in this nation people are free to express their willingness to live under the thumb of the King. Like Forest Gump would say, “You know the thing.”
Lenny Bruce and George Carlin, lived this censorship and saw this coming.
The Firesign Theatre, National Lampoon, Rolling Stone, Saturday Night Live,
and dear to my heart – Doonesbury …
R.I.P.: https://en.wikipedia.org/wiki/List_of_comedians
The Truth Is, What Is – Lenny Bruce