Federal Judge Blocks California's New AI Deepfake Law

Federal Judge Blocks California's New AI Deepfake Law
Above: California Gov. Gavin Newsom during Salesforce's Dreamforce on Sept. 17, 2024 in San Francisco, California. Image copyright: Justin Sullivan/Staff/Getty Images News via Getty Images

The Facts

  • A federal judge issued a preliminary injunction against California's Assembly Bill 2839 — which aimed to restrict artificial intelligence (AI) generated deepfakes in political campaigns — citing First Amendment concerns.

  • The law, signed by Gov. Gavin Newsom on Sept. 17, allowed individuals to sue for damages over AI deepfakes within 120 days of an election and up to 60 days after if the content resembled a political candidate.


The Spin

Narrative A

The judge's decision is a victory for free speech and protects the longstanding tradition of satire and parody in American politics. The law was an overreach that would have stifled creativity and humor, potentially infringing on constitutionally protected forms of expression. It's crucial to maintain the free exchange of ideas, even in the face of new technologies.

Narrative B

The blocked law was necessary to protect the integrity of elections in the age of AI. Without regulations, malicious actors could use deepfakes to spread misinformation and undermine public trust in the democratic process. The state has a valid interest in safeguarding voters from deceptive content that could sway election outcomes.


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