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22h ago

Federal Judge Strikes Down California’s Election Deepfake Ban

State officials are now reviewing their options after the court signaled it will also invalidate the labeling mandate.

Altadena, CA - February 11: Governor Gavin Newsom attends a press conference at Odyssey Charter School as work begins to remove debris from the Eaton Fire in Altadena, CA. (Juliana Yamada / Los Angeles Times)

Overview

  • Judge John Mendez invalidated Assembly Bill 2655, concluding it conflicts with Section 230 platform immunity under the Communications Decency Act.
  • The ruling rested solely on federal immunity protections, leaving the plaintiffs’ First Amendment free speech arguments unaddressed.
  • Mendez signaled plans to strike down AB 2839, California’s companion labeling requirement for digitally altered campaign content.
  • The case originated with Christopher Kohls’ lawsuit over an AI-generated Kamala Harris parody and later drew in Elon Musk’s X platform, the Babylon Bee and Rumble.
  • Signed in September 2024 after a doctored Harris video went viral, AB 2655 was among the nation’s strictest election deepfake laws.