Federal Judge Blocks Gov. Newsom’s ‘Deepfakes’ Law Making Political Humor Illegal in California

A federal judge on Wednesday blocked a new California law restricting the use of digitally altered political “deepfakes” just two weeks after Gov. Gavin Newsom signed the bill into law, Politico reported.

In mid-September, the Globe reported that California Governor Gavin Newsom signed legislation making political humor illegal in California by prohibiting political parodies.

Newsom signed three bills into law, putting severe limitations on the use of “deepfakes” and other digitally generated or altered content in political campaigns.

“Screw the 1st Amendment” Newsom said as he signed Assembly Bill 2655, authored by Assemblyman Marc Berman (D-Menlo Park), Assembly Bill 2839, authored by Assemblywoman Gail Pellerin (D-Santa Cruz), and Assembly Bill 2355, authored by Assemblywoman Wendy Carrillo (D-Los Angeles).

Not really, but he was probably thinking that. (Am I going to be arrested for making a joke about Newsom?)

“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.”

The Hamilton Lincoln Law Institute (HLLI) filed a lawsuit on behalf of Christopher Kohls, known as “Mr. Reagan,” the creator fabulous satirical political videos, including one called out by Gov. Gavin Newsom as being “illegal” under the bills he signed on September 17, 2024.

Elon Musk retweeted the video saying, “I checked with renowned world authority, Professor Suggon Deeznutz, and he said parody is legal in America.”

Gavin’s real problem with Elon Musk is that Musk left the state – he doesn’t appreciate Newsom’s highest-in-the-nation taxes, business killing regulations, or the governor’s lack of appreciation for Musk’s businesses.

Notably, the attorneys confirm that political parody is in fact protected by the First Amendment.

The HILLI attorneys detail the bills:

AB 2655 enlists social media companies to censor their users’ protected political speech that is created using Generative AI tools to spoof the likeness of political candidates running for office. It imposes a reporting and take-down regime on large online platforms like YouTube and X (where Kohls posts his content) for “deceptive content,” which goes into effect January 1.

AB 2839 goes into effect immediately and purports to ban all election communication that uses  artificial intelligence (AI) to portray candidates for office as “doing or saying something that the candidate did not do or say.” While the title of the bill refers to “advertisements,” in fact it covers all “election communication,” including political and satire, which are protected under core First Amendment principles.

AB 2839 contains no exception for satire and parody—the legislature removed this exception in coordination with Newsom’s office, and replaced them with a labelling requirement that would require a disclaimer so large it could not even fit on Kohls videos.

The judge said in his ruling in CHRISTOPHER KOHLS v. ROB BONTA, Attorney General of the State of California, and SHIRLEY N. WEBER, California Secretary of State:

“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.”

and…

“Kohls is Likely to Succeed in Showing that AB 2839 Facially Violates the First Amendment.”

and… perhaps most importantly:

These same principles safeguarding the people’s right to criticize government and government officials apply even in the new technological age when media may be digitally altered: civil penalties for criticisms on the government like those sanctioned by AB 2839 have no place in our system of governance.

Newsom really does want to take away freedom of speech and punish people for thoughts he disagrees with, as well as any opposing political ideology. Kamala Harris has expressed similar sentiment. Most of the left would like censorship to create a chilling effect on free speech, particularly for political commentators.

They lost this time. And Gov. Newsom lost big time.