A federal judge has rejected two laws enacted by California Governor Gavin Newsom aimed at banning “deepfake” videos of politicians, describing the laws as unconstitutional censorship.
Newsom introduced these laws—AB 2655 and AB 2839—in response to a spoofing campaign that mocked then-Democratic presidential candidate Kamala Harris, shared by Elon Musk.
Musk’s reaction included a humorous take where he consulted “Professor Suggon Deeznutz,” reinforcing the idea that such parodies are allowable under U.S. law.
The satirical website Babylon Bee also produced a fake campaign video in reaction to the legislation.
According to reports, the first bill mandates that “large online platforms” block submissions of misleading election-related content during specific times around elections. It defines “substantially deceptive content” to include digitally altered media, potentially encompassing a wide range of political speech.
The second bill specifically targets “deepfakes,” concerning how candidates for office in California might be depicted. While it allows for disclaimers in cases of satire and parody, the laws were criticized for their ambiguity.
Babylon Bee subsequently contested the legality of these laws in federal court.
A federal judge recently ruled against both pieces of legislation, deciding they infringed upon freedom of speech rights. Senior Judge John Mendes of the Eastern District of California expressed concerns that AB 2839 discriminates based on content, perspectives, and the speakers involved.
He noted that rather than addressing content that could genuinely cause harm, the law sought to suppress speech preemptively, allowing for excessive censorship.
The broad definitions in AB 2839 could involve satire and parody videos, making it a challenge for creators attempting humor without misguiding audiences.
Judge Mendes further pointed out that the state’s insistence on disclaimers for parody or satire could effectively stifle comedic expression.
Additionally, he struck down AB 2655 for requiring online platforms to manage “deepfakes,” citing violations of companies’ protections under the Communications Decency Act.
This outcome adds to the challenges Newsom faces, as he often presents himself as a defender of freedom while his policies have occasionally conflicted with constitutional rights, notably during the pandemic.
