Topline

A federal judge paused a new California state law that cracked down on the use of AI-generated deepfakes targeting political candidates in the run-up to an election, weeks after the creator of an AI-altered campaign video mocking Kamala Harris—which Elon Musk boosted—sued to block the legislation.

Key Facts

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Key Background

Last month, California Gov. Gavin Newsom signed three laws targeting election-related deepfake images and videos. The law temporarily blocked by Mendez Wednesday was Assembly Bill 2839, which made it illegal to distribute “materially deceptive audio or visual media of a candidate” 120 days before an election and in some cases, 60 days after. The law also allowed targeted candidates to seek a court order to pull down any deepfake ads and also sue the person who distributed them—although parody and satire deepfakes disclosed as such were exempted. The two other laws, AB 2655 and AB 2355, are focused on online platforms and campaign groups’ handling of such content respectively. However, unlike AB 2839, they will go into effect next year.

Crucial Quote

The judge said: “While California has a valid interest in protecting the integrity and reliability of the electoral process, AB 2839 is unconstitutional because it lacks the narrow tailoring and least restrictive alternative that a content-based law requires under strict scrutiny.”

Tangent

Shortly after the court’s ruling, Elon Musk tweeted, “California’s unconstitutional law infringing on your freedom of speech has been blocked by the court.” Musk also congratulated Kohls, saying: “Score one for the people’s right to free speech.” In July, Musk—who has endorsed former President Donald Trump’s candidacy for the White House—boosted Kohls’ deepfake campaign video, which used AI-generated audio clips to mimic Harris’ voice and described her as the “ultimate diversity hire” and a “deep state puppet.” Musk’s post promoting the video garnered more than 135 million views on X. The post drew an immediate reaction from Newsom, who vowed to sign legislation to crack down on political deepfakes, prompting a mocking response from Musk saying: “parody is legal in America.” After Newsom passed the laws, Musk reshared the video and wrote: “You’re not gonna believe this, but Gavin Newsom, just announced that he signed a LAW to make parody illegal, based on this video.”

Further Reading

X User Who Shared AI-Altered Kamala Harris Video Sues To Block California’s New Anti-Deepfakes Law (Forbes)