California judge rules election deepfake ban unconstitutional
A federal judge has blocked California’s newly passed law, AB 2839, which aimed to ban election-related deepfakes.
The ruling, delivered by Judge John A. Mendez, states that the law likely violates the First Amendment, citing free speech concerns.
The law, enacted in September 2024, allowed individuals to sue for damages if an AI-generated deepfake of a political candidate was circulated within 120 days before or 60 days after an election.
The case was brought by Christopher Kohls, known as “Mr. Reagan” on social media, after his AI-altered video mocking U.S. Vice President Kamala Harris gained attention.
The video, shared by Elon Musk, sparked controversy.
Kohls’ legal team challenged the law, claiming it infringed on his rights to parody and satire, both protected by the First Amendment.
Judge Mendez agreed, stating that the law acted more like a "hammer instead of a scalpel" by overly restricting free expression, including satire.
In his ruling, Mendez stated, “While a well-founded fear of a digitally manipulated media landscape may be justified, this fear does not give legislators unbridled license to bulldoze over the longstanding tradition of critique, parody, and satire protected by the First Amendment.”
The ruling serves as a significant blow to California's efforts to regulate AI-generated deepfakes in elections.
AB 2839 was one of several recent AI-related bills introduced in the state, with Governor Gavin Newsom vetoing another, SB 1047, which proposed mandatory safety testing of AI models.
Musk, known for his free speech advocacy, hailed the court's decision as a victory.
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