Overview
- U.S. District Judge Shanlyn A. S. Park granted summary judgment and permanently enjoined Act 191 before any enforcement could begin.
- The case was brought by The Babylon Bee and Hawaii satirist Dawn O’Brien, represented by Alliance Defending Freedom, with the court finding a credible threat of prosecution.
- Park ruled the statute substantially overbroad and vague, noting it swept in satire, private messages, and content referencing candidates by implication.
- The law’s disclaimer “safe harbor” was deemed compelled speech that would alter the message of satire, and exemptions for broadcasters created speaker-based discrimination.
- Hawaii failed to show the law was the least restrictive means, with the judge pointing to existing remedies and media-literacy efforts; the attorney general’s office said it is reviewing the decision.