Federal Judge Strikes Down California AI Deepfake Laws

Federal Judge John Mendez struck down two California laws designed to regulate AI-generated deepfakes, ruling that the measures violate federal law and constitutional free speech protections. The ruling overturned Assembly Bill 2655, known as the Defending Democracy from Deepfake Deception Act, for violating the federal Communications Decency Act, which shields social media platforms from liability for third-party content. Additionally, Assembly Bill 2839 was ruled unconstitutional under both the U.S. and California constitutions for prohibiting deepfake material within 120 days of an election.

The legislation, signed by Governor Gavin Newsom, was challenged in court by the social media platform X and the satire website The Babylon Bee. Judge Mendez stated that while deepfakes pose risks to electoral integrity, the government cannot use censorship or legislative fiat to manage digital content on a global scale.

Separately, the California State Legislature is considering Senate Bill 771, which would increase civil penalties for platforms hosting content that violates laws against threats or intimidation. Pro-Israel groups support the measure to combat antisemitism, but the Council on American-Islamic Relations argues the bill could stifle legitimate criticism of the war in Gaza by encouraging platforms to remove such content.