The Aloha State Deep Fakes Democracy into Silence | Babylon Bee Fights SB2687

The Aloha State—land of sun, surf, and, apparently, state-sanctioned censorship. In 2024, Governor Josh Green signed Senate Bill 2687 (SB2687) into law, a so-called “deepfake” measure that took effect the same day and has since been wreaking havoc on free speech like a rogue wave at Waimea Bay. This legislative disaster is so vaguely worded it could turn a meme-maker into a felon faster than you can say “mahalo.” 

The Libertarian Party of Hawaii stands in opposition to this affront to liberty, and we’re cheering on satirical savants at The Babylon Bee and Hawaii resident Dawn O’Brien, who filed a federal lawsuit on June 5, 2025, to dismantle this unconstitutional travesty. Here’s why SB2687 is a masterclass in government overreach and how you can join the fight to send it to the legislative landfill where it belongs.

The Law: A Censorship Sledgehammer Disguised as a Scalpel

SB2687, dressed up as a shield against election-related “deep fakes,” is a wolf in sheep’s clothing. It prohibits “recklessly distributing” or conspiring to distribute “materially deceptive media” within 90 days of an election unless it’s plastered with a disclaimer that it’s been “manipulated by technical means”. Violators face petty misdemeanor charges, with penalties escalating to a Class C felony if the state decides you intended “violence or bodily harm.” The devil’s in the details—or rather, the lack thereof.

As Seth Dillon, CEO of The Babylon Bee, aptly noted, the law’s definition of “materially deceptive media” is so broad it could include “any digital content, any sort of images that may have been altered or Photoshopped, like what the Babylon Bee posts routinely online.” We’re not just talking about hyper-realistic AI-generated videos of candidates confessing to alien abductions. This law casts a net over any digital content—memes, GIFs, satirical articles, or even a cheeky Photoshop of a politician surfing with a shark—that might “harm someone’s reputation or electoral prospects.” What does “harm” mean? Who decides? Apparently, the state of Hawaii, in its infinite wisdom, gets to play judge, jury, and executioner of your First Amendment rights.

The law’s exemptions are laughably narrow. You’re safe if your content is clearly labeled as satire or parody, but only if it meets the state’s arbitrary disclaimer standards. Forget to slap a “This is a joke” sticker on your viral meme? Congratulations, you’re a criminal. And don’t even think about posting that snarky edit of a candidate’s speech without a lawyer on speed dial. This isn’t regulation; it’s a gag order on creativity and dissent.

The Babylon Bee Stings Back

On June 5, 2025, The Babylon Bee and Dawn O’Brien took a stand against this Orwellian nonsense by filing a lawsuit in federal court against Hawaii state officials. Their complaint argues that SB2687 violates the First and Fourteenth Amendments by criminalizing protected political speech. The suit asserts that the law’s vague and overbroad language chills free expression, particularly for satirists who thrive on pushing boundaries. They contend that SB2687’s threat of fines and jail time for “materially deceptive” content (especially without clear definitions) gives the state unchecked power to silence voices it doesn’t like.

The Babylon Bee, known for headlines like “Donut Sales Surge as Police Departments Refunded,” is no stranger to legal battles over free speech. Seth Dillon has called the law a “direct attack on comedy,” warning that it could turn satire into a crime. Dawn O’Brien, a Hawaii resident with a knack for stirring the pot, joins the fight as a co-plaintiff, representing the everyday citizen whose right to meme, mock, and even critique is under siege.

“Both ‘Hawai’i’ and ‘Aloha’ are rooted in ‘-ha,’ the Hawaiian word for ‘breath of life,’” said O’Brien. “It’s the very essence of our identity: to breathe and speak freely, to express our hearts with one another! No ‘ha’ means no aloha and no Hawai’i! Our governor and lawmakers are trying once again to steal inalienable rights from our Hawai’i ‘ohana’ (family/community). That is not Aloha nor is it Hawai’i! Let’s stand for our freedoms and families against illegal censorship. I stand for our beloved Aloha State!” (Dawn O’Brien)

Their lawsuit seeks to strike down SB2687 as unconstitutional, arguing that the government has no business policing humor or political commentary, no matter how absurd or offensive. The case is a “beecon” of hope in a state where the aloha spirit is being replaced by authoritarianism. SB2687 is an assault on every Hawaiian’s freedom to speak, laugh, and challenge the powerful.

SB2687: A Libertarian Nightmare

As Libertarians, we believe the government’s job is to protect individual liberty, not to play nanny to our newsfeeds. SB2687 is the antithesis of that principle. 

The law’s language is so nebulous that a high schooler’s TikTok edit could land them in court. Terms such as “materially deceptive” and harm to “the reputation or electoral prospects of a candidate.” are subjective terms that invite abuse. If a politician claims that your satirical tweet “harms” their campaign, suddenly you’re facing charges and your candidacy is in jeopardy. This isn’t law; it’s a blank check for censorship.

The threat of criminal penalties for posting a meme or article without a disclaimer is enough to make anyone think twice before sharing anything. Politics, much like satire, thrives on spontaneity. The ability of our candidates to think on their feet and to provide meaningful responses is something that profoundly distinguishes our candidates, but now they must tiptoe around and make certain they are not causing “harm” to their opposition. This is a slippery slope toward mainstream bias approval as they continue to weaponize the term “misinformation”. And this is not limited to news and political outlets; SB2687 turns every content creator into a potential felon, stifling the very discourse democracy depends on.

Senator Karl Rhoads, who authored the bill, claims it’s needed to protect elections from disinformation. However, existing laws already cover fraud, defamation, and incitement. SB2687 doesn’t solve a problem. It creates a new one by giving the state a tool to target speech it dislikes. And let’s be real: if voters can’t tell a Babylon Bee headline from reality, the problem isn’t satire; it’s media literacy.

SB2687 sets a precedent for eroding First Amendment protections under the guise of public safety. If Hawaii can criminalize a Photoshopped image, what’s stopping them from banning critical op-eds or protest signs?

Support the Fight

The Libertarian Party of Hawaii is all-in on crushing SB2687, and we need your help to make it happen. Here’s how you can join the rebellion:

• Support The Babylon Bee’s Lawsuit: Follow @TheBabylonBee on X for updates on how to spread the word or contribute financially. Every retweet and dollar helps keep their legal team swinging.

• Join the Libertarian Party of Hawaii:  We’re mobilizing to amplify this fight through press releases, member emails, and public events. Become a member to stay in the loop and help us organize rallies, forums, and advocacy campaigns. 

• Raise Awareness: Share this article, tweet about SB2687’s absurdity, and tag @HI4Liberty and @TheBabylonBee. Use hashtags like #FreeSpeechHawaii and #AxeSB2687 to get the message trending. Educate your friends, and family. The more Hawaiians know, the louder our collective roar.

• Contact Your Legislators: Write or call your state representatives and senators to demand they repeal SB2687. Remind them that the only thing “materially deceptive” here is a law pretending to protect democracy while strangling it. 

• Get Loud Locally: Host a discussion group, write an op-ed for local papers like the Honolulu Star-Advertiser, or speak at community boards. We’ll provide talking points and resources as needed: email us at lphisecretary@gmail.com to get started.

SB2687 is a love letter to control freaks and a breakup note to the First Amendment. This lawsuit is our chance to fight back. It’s the kind of law you’d expect from a dystopian novel, not a state that prides itself on aloha. The Libertarian Party of Hawaii stands shoulder-to-shoulder with every Hawaiian who believes comedy, critique, and creativity shouldn’t come with a prison sentence. This law isn’t about protecting elections; it’s about protecting the powerful from being mocked. And if there’s one thing Libertarians know, it’s that the powerful hate a good laugh.

Let’s send SB2687 to the shredder where it belongs. Join us, support the lawsuit, and let’s remind Hawaii that free speech isn’t just a right, it’s the soul of liberty. Mahalo for standing up, and let’s keep the aloha spirit one of freedom.