Federal Judge John A. Mendez invalidated a new California law that permitted any individual to file a lawsuit for damages related to election deepfakes.
Two weeks ago, a federal court judge issued a preliminary injunction against a California law that effectively prohibits election-related deepfakes.
AB 2839, the law, permitted any individual to file a lawsuit for damages related to AI deepfakes within 120 days of an election and up to 60 days afterward if the perpetrator’s post resembled a political candidate.
Judge John A. Mendez acknowledged that artificial intelligence and deepfakes pose substantial risks; however, he determined that the law was “unconstitutional” due to its potential violation of the First Amendment.
“The Court determines that AB 2839 is also unconstitutional in accordance with California’s free speech provision.”
Christopher Kohls, also known as “Mr Reagan” on X, was the subject of the decision. X’s executive chairman, Elon Musk, shared a controversial AI-altered campaign video that Kohls produced in July, ridiculing United States Vice President Kamala Harris.
A day after California Governor Gavin Newsom signed the new law into law on Sept. 17, a lawyer representing Kohls filed a lawsuit against California Attorney General Rob Bonta and Secretary of State Shirley N. Weber to prevent the implementation of the new law.
The law empowered California judges to issue orders to distributors of AI deepfakes to either remove them or face potential monetary penalties.
On October 2, Mendez granted Kohls’ motion for a preliminary injunction, stating that he is “likely to succeed on his state constitutional claim.”
“The majority of AB 2839 functions as a blunt instrument that stifles the free and unfettered exchange of ideas that is so essential to American democratic debate and impedes humorous expression, rather than a scalpel.”
Mendez also concurred with Kohls’ attorney that the AI deepfake of Harris was solely “satire” and should be safeguarded by the First Amendment.
“While there is a legitimate apprehension regarding a digitally manipulated media landscape, this apprehension does not grant legislators unbridled authority to obliterate the longstanding tradition of critique, parody, and satire that is safeguarded by the First Amendment.”
Elon Musk, the CEO of Tesla, perceived the court ruling as a victory. One of the numerous new AI-related laws that has recently struck Newsom’s desk is AB 2839.
On September 30, Governor Gavin Newsom vetoed SB 1047, which proposed mandatory safety testing of AI models.
Newsom stated that SB 1047, “despite its well-meaning intentions,” could impose unnecessarily restrictive measures on emerging AI companies in California.
