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Newsom Gets Bad News About His Law on Election 'Deepfakes'

Leah Barkoukis
Leah Barkoukis  |  October 03, 2024 8:00 AM

Liberals can’t take a joke, especially during election season. While comedians have been saying this for years, it’s now gone to the extreme, where leaders like California Gov. Gavin Newsom are so triggered by satirical AI-generated campaign videos mocking Kamala Harris that they’re more than happy to sign legislation taking away Americans’ First Amendment rights. That’s what happened with bills the progressive governor recently signed concerning election “deepfakes,” which prompted lawsuits from The Babylon Bee and the man who created the parody video of Harris, Christopher Kohls, known as “Mr Reagan” on X.

Fortunately, a federal judge issued a preliminary injunction against AB 2839, saying it likely violates the First Amendment.

The law — AB 2839 — allowed any person to sue for damages over AI deepfakes within 120 days of an election and up to 60 days after if the perpetrator’s post resembled a political candidate. 

Judge John A. Mendez said artificial intelligence and deepfakes pose significant risks but ruled that the law was “unconstitutional” as it likely violated the First Amendment. [...]

A lawyer representing Kohls filed a lawsuit against California Attorney General Rob Bonta and Secretary of State Shirley N. Weber to block the new law a day after California Governor Gavin Newsom signed it into law on Sept. 17. 

The law allowed California judges to order distributors of AI deepfakes to take them down or potentially face monetary penalties.

Mendez said Kohls is “likely to succeed on his state constitutional claim” and granted the motion for a preliminary injunction on Oct. 2.

“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.” [...]

Mendez further agreed with Kohls’ lawyer that the AI deepfake of Harris was merely “satire” that should be protected by the First Amendment.

“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.” (Trading View)

Free speech advocates celebrated the development.