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2w ago

Judge Invalidates California’s AI Election Deepfake Ban and Signals Labeling Law Reversal

It hinges on Section 230 protections by preempting state restrictions on AI-generated election content.

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

  • Federal Judge John Mendez ruled that California’s 2024 ban on AI-generated, election-related deepfakes conflicts with Section 230 of the Communications Decency Act.
  • Mendez indicated he will overrule a companion law requiring labels on digitally altered campaign materials as a violation of First Amendment free speech rights.
  • The suit was filed by Christopher Kohls and later joined by Elon Musk’s X platform, Rumble and the Babylon Bee to challenge two state laws signed by Governor Gavin Newsom last year.
  • California enacted the measures after viral doctored videos of then–Vice President Kamala Harris and deepfake robocalls impersonating President Biden during the 2024 election.
  • Newsom’s administration is reviewing the decision and insists that commonsense labeling requirements remain vital to safeguarding election integrity.