The satirical news site The Babylon Bee has filed a lawsuit against New Mexico officials, challenging a state law that requires disclaimers on AI-generated political content, including satire and parody. The lawsuit, filed Tuesday with the backing of legal organization Alliance Defending Freedom (ADF), contends that New Mexico's House Bill 182 violates the First Amendment's guarantee of free speech and due process.
HB 182, passed in 2024, amended the state's Campaign Reporting Act to include disclosure requirements for political advertisements that contain "materially deceptive media," defined as content manipulated or created by artificial intelligence. The law mandates prominent AI disclaimers on such material.
The Babylon Bee argues that the disclaimer requirement alters the intended message of its content, effectively "spoiling the joke" and compelling speech. "New Mexico is stuffing words into our mouths, forcing us to say things we wouldn’t say otherwise," Seth Dillon, CEO of The Babylon Bee, told Fox News Digital.
The suit also asserts that the law discriminates based on content, exempting news stories and editorials while restricting satire, parody, cartoons, and memes. The complaint names the seven members of the New Mexico Ethics Commission, which enforces the law, as defendants, seeking injunctions to prevent its enforcement.
Violations of the law can result in fines of up to $1,000 per violation, potentially totaling $20,000 for additional infractions. The Babylon Bee stated it is suing preemptively to protect its rights, even though it has not yet faced penalties.
Jim Campbell, Chief Legal Counsel at ADF, stated, "The government cannot decide which political speech is allowed and which is forbidden." He argued that when officials determine acceptable political speech, "dissent disappears and democracy suffers."
Concerns about the law's constitutionality were also raised by some New Mexico officials. Democratic Governor Michelle Lujan Grisham, upon signing HB 182, noted that parts of the bill were ambiguous and "pose legal issues." Additionally, an advisory opinion issued by Attorney General Raúl Torrez in July 2025 concluded that the disclaimer requirement on satire and parody was "likely unconstitutional on its face."
A spokesperson for the New Mexico Ethics Commission called the lawsuit "baseless," stating that the commission has not enforced the AI disclaimer requirements, particularly for political parody and satire. The commission asserted that while The Babylon Bee has a First Amendment right to mock New Mexico, it does not have a right to attorneys' fees from the state.
Alliance Defending Freedom has previously represented The Babylon Bee in similar legal challenges against laws in Hawaii and California concerning deepfakes and political satire, both of which were struck down by courts as unconstitutional. Campbell indicated they would continue to oppose similar legislation nationwide.