Overview

• On August 6, U.S. District Judge John Mendez invalidated AB 2655, finding California’s ban on AI-generated election videos conflicts with federal immunity for online platforms under Section 230.
• Mendez ruled that no portion of the law is severable and signaled his intent to overturn AB 2839, the requirement to label digitally altered campaign materials, on First Amendment grounds.
• The challenge began when Christopher Kohls sued over his AI-generated parody of then–Vice President Harris and was later joined by Elon Musk’s X, The Babylon Bee and Rumble on free speech claims.
• Governor Gavin Newsom’s office said it is reviewing the decision and stressed that commonsense deepfake labeling remains vital to protect election integrity.
• Legal analysts warn the verdict could influence future state efforts to regulate AI content, test the limits of platform liability and recalibrate the balance between misinformation control and free expression.