Lawyers from Alliance Defending Freedom (ADF) have sued the state of California on behalf of Christian satire site the Babylon Bee.
The laws being challenged regulate political content, such as satirical depictions of politicians, in the run-up to an election.
Under AB 2839 and AB 2655, pictures and videos “likely to harm” a candidate’s “electoral prospects” are prohibited.
They include “materially deceptive content” about candidates, elected officials, and other election material, and require a disclaimer when posting satire, which ADF says “defeats the point” of satire.
The Babylon Bee, self-styled as “Fake News You Can Trust” is a popular humorous site, making light of politics and popular culture.
CEO Seth Dylon says: “Our job is hard enough when our jokes keep coming true, as if they were prophecies.”
ADF Vice President of Litigation Strategy and Center for Conscience Initiatives, Jonathan Scruggs said: “Gov. Newsom [of California] has no constitutional authority to act as the humour police.
“While lawmakers act as if posting and resharing memes is a threat to democracy, these laws at the end of the day censor speech California politicians don’t like. We are urging the court to affirm that the First Amendment protects The Babylon Bee’s and Ms. Rickert’s freedom to poke fun at political leaders.”