Judge Shanlyn Park's order yesterday in Babylon Bee, LLC v. Lopez (D. Haw.), held unconstitutional Hawaii's Act 191. That law provided that "no person shall recklessly distribute… materially deceptive media in reckless disregard of the risk of harming the reputation or electoral prospects of a candidate in an election or changing the voting behavior of voters in an election." "Materially deceptive media" is defined as "[a]ny information, including any video, image, or audio, that"
- Is an advertisement;
- Depicts an individual engaging in speech or conduct in which the depicted individual did not in fact engage;
- Would cause a reasonable viewer or listener to believe that the depicted individual engaged in the speech or conduct depicted; and
- Was created by [certain digital technologies].
"Advertisement" is in turn defined as "any communication, excluding sundry items such as bumper stickers, that"
