A federal judge on Wednesday blocked California Governor Gavin Newsom’s “deepfakes” law that ignited a fight with Elon Musk.
Last month Newsom signed into law a bill that made it illegal to ‘knowingly distribute an ad or other election communications that contain materially deceptive content, including deepfakes.’
I just signed a bill to make this illegal in the state of California.
You can no longer knowingly distribute an ad or other election communications that contain materially deceptive content — including deepfakes. https://t.co/VU4b8RBf6N
— Gavin Newsom (@GavinNewsom) September 17, 2024
Elon Musk trolled Gavin Newsom and encouraged X users to share a Kamala Harris parody campaign ad.
Kamala Harris Campaign Ad PARODY pic.twitter.com/5lBxvyTZ3o
— Mr Reagan (@MrReaganUSA) July 26, 2024
“The governor of California just made this parody video illegal in violation of the Constitution of the United States,” Elon Musk said.
“Would be a shame if it went viral,” he said.
The governor of California just made this parody video illegal in violation of the Constitution of the United States.
Would be a shame if it went viral. https://t.co/OCBewC4vOb
— Elon Musk (@elonmusk) September 18, 2024
Gavin Newsom then threatened Elon Musk.
“I think Mr. Musk missed the punchline. Parody is still alive and well in California but deepfakes and manipulation of elections that hurts democracy and integrity of the system and trust and we believe in truth and trust and we think this law is sound and will be upheld in courts,” Newsom said on Thursday to reporters.
Newsom threatened Musk: “The law asserts that many can seek injunction relief and I just signed the law, I just signed 32 other bills on housing and I haven’t had a chance to review the specific lawsuit around a conservative blogger that seems offended by our law.”
Newsom was referring to the court’s ability to stop distribution of the content and impost civil penalties.
WATCH:
BREAKING: Governor Newsom refuses to rule out legal action on Elon Musk over AI memes pic.twitter.com/22JjlVU7yL
— End Wokeness (@EndWokeness) September 19, 2024
Chris Kohls, the creator of the Kamala Harris parody video sued Gavin Newsom and argued his content was protected by the First Amendment.
US District Judge John A. Mendez, a George W. Bush appointee agreed with Chris Kohls and blocked Newsom’s law.
Politico reported:
A federal judge on Wednesday blocked a California measure restricting the use of digitally altered political “deepfakes” just two weeks after Gov. Gavin Newsom signed the bill into law.
The ruling is a blow to a push by the state’s leading Democrats to rein in misleading content on social media ahead of Election Day.
Chris Kohls, known as “Mr Reagan” on X, sued to prevent the state from enforcing the law after posting an AI-generated video of a Harris campaign ad on the social media site. He claimed the video was protected by the First Amendment because it was a parody.
The judge agreed.
“Most of [the law] acts as a hammer instead of a scalpel,” Senior U.S. District Judge John A. Mendez wrote, calling it “a blunt tool hinders humorous expression and unconstitutionally stifles the free and unfettered exchange of ideas.” He carved out an exception for a “not unduly burdensome” portion of the law that requires verbal disclosure of digitally altered content in audio-only recordings.
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