The Babylon Bee is challenging a New Mexico Law that they say will ruin the comedic intent of their content. HB 182 amended New Mexico’s Campaign Reporting Act to require disclosures of "materially deceptive material," meaning the use of AI on any video, audio, or photographic content must include a disclaimer that it was created with AI. Alliance Defending Freedom (ADF), the organization defending the satire news site, filed suit Tuesday claiming the state law is a violation of fundamental speech rights and due process. 

CEO of the Babylon Bee, Seth Dillon, explained the lawsuit is preemptive in a statement to Fox. 

The concern is real, but we don't censor ourselves. If a joke we want to tell is likely to violate the law, we'll tell it, anyway — both because we have a right to, and we refuse to do the tyrant's work for him. If penalties are imposed, we'll sue to defend our rights. In this case, we're suing preemptively to settle the matter before it escalates to that point.

Dillon says the law essentially compels speech by putting words in their mouth and forcing them to "say things they wouldn't say otherwise." He says that the AI content seeks to make parodies of candidates and issues in different state elections. According to the complaint, the disclaimer "alters the content of satire and parody." "Put simply, HB 182 spoils the joke as it begins, each and every time." 

The Bee often posts videos using AI to mock certain topics or individuals at the center of current political discourse at both the state and federal level. Photos are often obviously edited to convey the comical tone. 

This recent post pokes fun at the ongoing WNBA controversy with Sophie Cunningham: 

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The complaint also claims the law is discriminating based on content, restricting entertainment, satire, parody, and cartoons while offering protections for news content. Members of the Ethics Commission who enforce the provisions are named in the complaint, which asks the court to issue injunctions to prevent enforcement. The complaint also mentions the possibility of up to $20,000 in fines for noncompliance with the law. 

Similar laws were struck down through the Babylon Bee and ADF's legal action in Hawaii and California. 

"The government cannot decide which political speech is allowed and which is forbidden," ADF Chief Legal Counsel Jim Campbell told Fox. "Whenever government officials determine what political speech is acceptable, dissent disappears and democracy suffers." 

Democrats, including Gov. Michelle Lujan Grisham, NM, who signed HB 182, wrote that portions of the bill were ambiguous and could "pose legal issues." Attorney General Raúl Torrez also said that the disclaimer requirement on satire and parody was "likely unconstitutional on its face." 

The New Mexico Ethics Commission was asked about the lawsuit and gave a statement to Fox. 

"Babylon Bee’s pre-enforcement lawsuit is baseless," a spokesperson said. "The Commission has never taken action to enforce the AI-disclaimer requirements in Section 1-19-26.4 of the Campaign Reporting Act, much less for political parody and satire. While the Babylon Bee has a First Amendment right to mock New Mexico, it does not have a right to extract attorneys’ fees from the State."