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A federal judge has issued a preliminary injunction blocking enforcement of a recently passed California law aimed at curbing the spread of AI-generated deepfakes depicting political candidates. In his decision, Judge John Mendez wrote, “While a well-founded fear of a digitally manipulated media landscape may be justified, this fear does not give legislators unbridled license to bulldoze over the longstanding tradition of critique, parody, and satire protected by the First Amendment.
In his ruling, Judge Mendez expressed concerns that the California law was overly broad and subjective in its phrasing, potentially encompassing “vast amounts of political and constitutionally protected speech.” He noted that while concerns over manipulated digital content undermining elections may be valid, it does not give legislators free rein to restrict speech traditionally protected by the First Amendment.
The temporary injunction prevents California Attorney General Rob Bonta from enforcing the deepfake takedown provisions of AB 2839 against Kohls or any other online speakers, with the narrow exception of fraudulent audio content. While acknowledging the state has a strong interest in preserving election integrity, Mendez ruled this was outweighed by the potential First Amendment violations and speech chilling effects experienced by Kohls and other content creators under the law.
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