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Judge Blocks California Law Restricting "Materially Deceptive" Election-Related Deepfakes
Reason-Volokh ^ | 10/2/24 | Eugene Volokh

Posted on 10/02/2024 5:31:33 PM PDT by CFW

From today's decision by Judge John Mendez (E.D. Cal.) in Kohls v. Bonta:

Plaintiff Christopher Kohls (aka "Mr. Reagan") is an individual who creates digital content about political figures. His videos contain demonstrably false information that include sounds or visuals that are significantly edited or digitally generated using artificial intelligence …. Plaintiff's videos are considered by him to be parody or satire. In response to videos posted by Plaintiff parodying presidential candidate Kamala Harris and other AI generated "deepfakes," the California legislature enacted AB 2839. AB 2839, according to Plaintiff, would allow any political candidate, election official, the Secretary of State, and everyone who sees his AI-generated videos to sue him for damages and injunctive relief during an election period which runs 120 days before an election to 60 days after an election….

AB 2839 does not pass constitutional scrutiny because the law does not use the least restrictive means available for advancing the State's interest here. As Plaintiffs persuasively argue, counter speech is a less restrictive alternative to prohibiting videos such as those posted by Plaintiff, no matter how offensive or inappropriate someone may find them. "'Especially as to political speech, counter speech is the tried and true buffer and elixir,' not speech restriction." …

The court began by concluding that AB 2839 doesn't fall within the existing defamation exception to First Amendment protection, and isn't subject to any other doctrine that categorically lowers protection for false statements in election campaigns:

(Excerpt) Read more at reason.com ...


TOPICS: Constitution/Conservatism; Government; US: California
KEYWORDS: california; firstamendment; freespeech; newsom
A logical ruling, but it's California so it could have gone the other way.
1 posted on 10/02/2024 5:31:33 PM PDT by CFW
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To: CFW

Well, that didn’t take long. Good to see.


2 posted on 10/02/2024 5:33:27 PM PDT by House Atreides (I’m now ULTRA-MAGA-PRO-MAX.)
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To: CFW

I saw the video in question. Anyone who thought it is real is a moron. It was not real looking at all.


3 posted on 10/02/2024 5:35:52 PM PDT by Revel
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To: CFW

Just a wee bit of sanity out there yet.


4 posted on 10/02/2024 5:42:51 PM PDT by vpintheak (Sometimes you’re the windshield, sometimes you’re the bug. )
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To: Revel

Did you see DT and E doing ‘Staying Alive’.
I watch it over and over. I have seen the real dances but can’t find them again.

Disclaimers would end that crap.


5 posted on 10/02/2024 5:43:29 PM PDT by TribalPrincess2U
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To: CFW

Newsom is a greasy worm.


6 posted on 10/02/2024 5:44:05 PM PDT by BenLurkin (The above is not a statement of fact. It is either opinion, or satire, or both.)
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To: CFW

Let the memes fly.


7 posted on 10/02/2024 5:50:28 PM PDT by roving (Deplorable Erectionists Listless Vessel )
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To: CFW

ignore the border crisis and runaway national debt. focus on the deepfakes.


8 posted on 10/02/2024 5:58:35 PM PDT by xoxox
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To: CFW

So knowing Newsom is a deep fake how does this play out? 🤣🤣🤣


9 posted on 10/02/2024 6:02:05 PM PDT by maddog55 (The only thing systemic in America is the left's hatred of it!)
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To: Revel

“I saw the video in question. Anyone who thought it is real is a moron.”

That explains why gavin and the libtard CA legislature passed the bill. They’re morons.


10 posted on 10/02/2024 6:17:37 PM PDT by chuckb87
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To: CFW

I read the ruling and easily see how this decision also applies to the dreaded “mis-information...” we hear so much about these days....

What is it with these nitwits wanting to censor everything—Where is Mario Salvo when you need him?


11 posted on 10/02/2024 7:58:22 PM PDT by abigkahuna
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To: CFW

Bkmk!


12 posted on 10/02/2024 8:08:23 PM PDT by sauropod ("This is a time when people reveal themselves for who they are." James O'Keefe Ne supra crepidam)
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To: CFW

FU Gov Gruesome!


13 posted on 10/02/2024 8:27:32 PM PDT by Mat_Helm
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To: abigkahuna
What is it with these nitwits wanting to censor everything(?)

When you've devolved to the state of having to lie about everything then you want the ability to censor the truth. The Soviets did it and so did the Nazis. Just look at the prison camp country known as North Korea for a modern example.

14 posted on 10/02/2024 9:00:28 PM PDT by Bullish (...And just like that, I was dropped from the ping-list)
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To: CFW

I’ll be surprised if Elon doesn’t pipe in on this on X with some spectacular troll.


15 posted on 10/02/2024 9:02:08 PM PDT by Damifino (The true measure of a man is found in what he would do if he knew no one would ever find out.)
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To: CFW

Hmmmm

Would cartoons of Mohammmad qualify?

An average IQ musloom might think so.

It’s real! It’s real!


16 posted on 10/03/2024 7:58:43 AM PDT by Scrambler Bob (Running Rampant, and not endorsing nonsense; My pronoun is EXIT. And I am generally full of /S)
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