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A federal judge blocked a California bill banning AI-powered ‘deepfake’ videos ahead of the 2024 election.
California Gov. Gavin Newsom signed the measure into law last month.
“Manipulating a voice in an ‘ad’ like this one should be illegal. I’ll be signing a bill in a matter of weeks to make sure it is,” Newsom previously said.
“I just signed a bill to make this illegal in the state of California. You can no longer knowingly distribute an ad or other election communications that contain materially deceptive content — including deepfakes,” the Democrat governor announced.
I just signed a bill to make this illegal in the state of California.
You can no longer knowingly distribute an ad or other election communications that contain materially deceptive content — including deepfakes. https://t.co/VU4b8RBf6N
— Gavin Newsom (@GavinNewsom) September 17, 2024
WATCH:
NEW – California Governor Newsom signs three bills outlawing AI political ads, “related to elections 120 days before Election Day and 60 days thereafter,” at Salesforce event. pic.twitter.com/tMVN5MDJEN
— Disclose.tv (@disclosetv) September 18, 2024
From POLITICO:
Chris Kohls, known as “Mr Reagan” on X, sued to prevent the state from enforcing the law after posting an AI-generated video of a Harris campaign ad on the social media site. He claimed the video was protected by the First Amendment because it was a parody.
The judge agreed.
“Most of [the law] acts as a hammer instead of a scalpel,” Senior U.S. District Judge John A. Mendez wrote, calling it “a blunt tool hinders humorous expression and unconstitutionally stifles the free and unfettered exchange of ideas.” He carved out an exception for a “not unduly burdensome” portion of the law that requires verbal disclosure of digitally altered content in audio-only recordings.
Theodore Frank, an attorney for Kohls, said in a statement they were “gratified that the district court agreed with our analysis.”
Mr. Reagan first posted the video, shared by Elon Musk, in July.
The Kamala Harris campaign Ad Parody has nearly 78 million views on X.
“The governor of California just made this parody video illegal in violation of the Constitution of the United States. Would be a shame if it went viral,” Musk said after Newsom signed the legislation.
WATCH:
The governor of California just made this parody video illegal in violation of the Constitution of the United States.
Would be a shame if it went viral. https://t.co/OCBewC4vOb
— Elon Musk (@elonmusk) September 18, 2024
KCRA 3 reports:
Gov. Gavin Newsom signed Assembly Bill 2839 into law two weeks ago.
Judge John A. Mendez sided with Kohls, stating the law was unconstitutional.
In his order, he wrote that, “most of AB 2839 acts as a hammer instead of a scalpel, serving as a blunt tool that hinders humorous expression and unconstitutionally stifles the free and unfettered exchange of ideas which is so vital to American democratic debate.”
KCRA 3 reached out to Newsom for comment. Spokesperson Izzy Gardon said, “Deepfakes threaten the integrity of our elections, and these new laws protect our democracy while preserving free speech — in a manner no more stringent than those in other states, including deep-red Alabama. We’re confident the courts will uphold the state’s ability to regulate these types of dangerous and misleading deepfakes. Satire remains alive and well in California — even for those who miss the punchline.”