California's New Deepfake Law Is Unconstitutional
Date: 2024-10-03 Author: Oliver Abernathy Categories: IN WORLD
A federal judge has issued a temporary injunction that halts California's recently passed law, AB 2839. The law, which went into effect just two weeks ago, allowed anyone to sue for damages for distributing election-related deepfakes within 120 days before and 60 days after the election. The law only applied to cases where the falsified material concerned political candidates.
Judge John A. Mendez acknowledged that artificial intelligence and deepfakes pose serious threats, but said the law violates the First Amendment. He also said the law violates California's free speech provisions.
The case stems from a dispute involving Christopher Coles, who goes by the name “Mr. Reagan” on the X platform. Coles created an AI-powered video mocking U.S. Vice President Kamala Harris in July, which was later shared by Elon Musk, the CEO of X.
Coles’ attorney filed a lawsuit against California Attorney General Rob Bonta and Secretary of State Shirley Weber to stop the new law, just a day after California Governor Gavin Newsom signed it into law on September 17.
Under AB 2839, California judges could order deepfakes to remove their content or fine them. However, Judge Mendez sided with Coles, saying he would likely prevail based on the free speech provisions of the state constitution.
“AB 2839 acts like a hammer instead of a scalpel, creating unnecessary restrictions on satirical expression and stifling the free exchange of ideas that is the foundation of American democracy,” Mendez wrote in his decision.
The judge also agreed that the video created by Coles constituted satire, which is protected by the First Amendment. Mendez emphasized that while concerns about digital manipulation may be valid, that does not give lawmakers the right to destroy the traditions of criticism and parody.
Elon Musk, known for his criticism of censorship, supported the court’s decision, calling it a victory for free speech.
AB 2839 is one of several new AI-related bills that have recently landed on Gov. Newsom’s desk. However, on September 30, Newsom rejected another bill, SB 1047, which would have required safety testing of AI models, saying that such measures could create unnecessary restrictions on developing AI companies.
