A federal judge has blocked Gavin Newsom's AI deepfake law aimed at regulating AI generated content, especially those related to election campaigns.
The law, known as AB 2839, was signed into law by Governor Gavin Newsom with the intention of curbing the spread of misleading AI-generated content ahead of elections.
However, U.S. District Judge John A. Mendez granted a preliminary injunction, pausing the law's enforcement due to concerns over its impact on free speech.
AB 2839 was designed to combat the use of artificially intelligent "deepfakes" in political advertising, aiming to ensure that voters are not deceived by manipulated videos or images.
This came in response to growing concerns about the potential for AI to manipulate public perception, especially in the volatile landscape of electoral politics.
However, the law's broad scope quickly drew criticism from free speech advocates and digital creators. Judge Mendez's decision to block the law was based on the argument that AB 2839 functioned as a "hammer instead of a scalpel," potentially stifling protected speech.
The ruling highlighted the law's failure to narrowly target only the most harmful deepfakes, thereby risking the suppression of satire, parody, or other forms of political commentary that are protected under the First Amendment.
Critics of the law, including some First Amendment experts, argued that while the state's interest in preventing electoral deception was legitimate, the law's implementation could chill legitimate speech. This perspective was echoed by Mendez, who noted that the state's interest in election integrity must be balanced against the constitutional rights to free expression.
The law's controversy was further fueled by a public spat between Governor Newsom and Elon Musk after Musk shared a deepfake parody of Vice President Kamala Harris.
Comments