Court Freezes Calif. AI Law on Election Deepfakes
A federal judge stopped an AI deepfakes law in California about two weeks after Gov. Gavin Newsom (D) signed the measure. In a Wednesday order (case 2:24-cv-02527), U.S. District Court of Eastern California Judge John Mendez granted a preliminary injunction,…
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stopping Attorney General Rob Bonta (D) from enforcing AB-2839, which was signed Sept. 17 (see 2409180024). The law would prohibit people and companies from sharing election campaign content containing “materially deceptive and digitally altered or digitally created images or audio or video files” with the intent of influencing elections. Plaintiff Christopher Kohls, under the alias "Mr. Reagan," uses AI to edit and create satirical content about politicians. He challenged the law in court the same day it was signed because he said it would allow politicians and others to sue him for damages and injunctive relief during election season. Kohls argued that the law violates the First and Fourteenth Amendment because it limits his free speech and the law is unconstitutionally vague. “AB 2839," wrote Judge Mendez, "does not pass constitutional scrutiny because the law does not use the least restrictive means available for advancing the State’s interest here.” The judge continued, “As Plaintiffs persuasively argue, counter speech is a less restrictive alternative to prohibiting videos such as those posted by Plaintiff, no matter how offensive or inappropriate someone may find them.”