California Governor Gavin Newsom signed legislation on September 17, 2024, that effectively muzzles the First Amendment under the guise of curbing “deepfake” technology. The new law, touted as the nation’s most aggressive stance on AI-generated content, makes it illegal to use artificial intelligence to create parody images, videos, or audio impersonations of political candidates in the run-up to elections. While the law claims to address the growing concern of misinformation in political campaigns, it’s a direct assault on a core element of free speech: political satire.
The Move Against Free Speech
Governor Newsom’s decision comes after a public spat with Elon Musk, owner of the social media platform X. The conflict began when Musk shared an AI-altered video of Vice President Kamala Harris. Newsom rebuked Musk and swiftly vowed to push for legislation that would prevent such content from being shared in California. True to his word, the bill was signed into law and is set to take effect before the November 2024 elections.
The law allows courts to issue injunctions against the distribution of intentionally deceptive political content, including satirical deepfakes, during election season. Penalties can also be levied on individuals or entities that share such content. Newsom, in a conversation with Salesforce CEO Marc Benioff, dismissed the idea that the law was politically motivated, stating, “I could care less if it was Harris or Trump. It was just wrong on every level.”
However, the implication of this law is clear—it limits the ability of citizens, commentators, and even comedians to use AI for political satire, parody, and commentary. While Newsom and his allies frame the legislation as a safeguard against misinformation, this is a direct violation of the First Amendment, which has long protected satire as a form of political expression.
What’s Really at Stake?
At first glance, combating AI-generated misinformation might seem like a noble cause. With deepfakes becoming increasingly sophisticated, the potential for misleading voters is a legitimate concern. But the problem arises when the state begins to overreach, dictating the boundaries of acceptable speech. Political parody has always played a critical role in American democracy, serving as a tool to mock, criticize, and hold the powerful accountable. From the lampooning of Richard Nixon in “All in the Family” to “Saturday Night Live’s” biting satire of both Democratic and Republican politicians, parody has been a vital form of political expression.
This new California law threatens to blur the line between deceptive manipulation and political satire, chilling a form of speech that has been constitutionally protected for over two centuries. As Elon Musk pointed out, “Parody is legal in America.” But in Newsom’s California, it appears that may no longer be the case—at least when AI is involved.
The Broader Implications
The passage of this law is part of a broader, troubling trend in which powerful figures in government seek to control the flow of information under the guise of protecting “truth” and “democracy.” With this legislation, California now leads the charge in cracking down on AI-generated content, but this could easily set a dangerous precedent for other states to follow. If laws like this are allowed to proliferate, it would mark the beginning of a slippery slope, where freedom of expression becomes increasingly curtailed in the digital age.
Even more alarming is the timing. Newsom’s law takes effect before the 2024 elections, a critical moment in American politics. Assemblymember Gail Pellerin, who carried the bill, admitted the law was written with the explicit intent of targeting content in the 2024 cycle, referring to it as the nation’s “first AI election.” Under the pretext of shielding election officials and candidates from targeted misinformation, this law effectively curtails the ability of voters to engage with and criticize political figures in new and creative ways.
Political Satire or Misinformation?
The key issue here is defining what constitutes “misinformation.” While deepfakes that genuinely deceive voters are problematic, this law takes aim at all AI-generated content, even when it is clearly marked as parody or satire. Political figures, especially during campaigns, have always been subject to scrutiny, mockery, and impersonation. Satirical images and videos often draw attention to important issues, shaping public opinion through humor. By prohibiting AI-generated content in this realm, the law conflates misleading information with the use of humor and satire, undermining the spirit of the First Amendment.
The dangers of deepfake technology are real, but the solution to this issue cannot be the heavy hand of government dictating what kinds of content are permissible. As it stands, existing defamation laws are already sufficient to address cases where deepfakes cross the line from satire into malicious deception. Yet, the California law treats all AI-generated political content as a threat, removing the essential nuance that distinguishes satire from falsehood.
Newsom’s Long Battle with Elon Musk
This latest law also highlights the ongoing feud between Governor Newsom and Elon Musk. What began as a disagreement over COVID-19 lockdowns has escalated into a broader clash over free speech and the role of tech companies in moderating content. Musk has been a vocal critic of California’s regulatory environment, especially as the state continues to push for more control over tech platforms and the content they host.
In response to this law, it is not hard to imagine that Musk and others will challenge it in court, arguing that it oversteps the constitutional protections of free speech. Musk’s platform, X, could become a battleground for legal challenges, especially since the law allows users to flag content for removal, putting tech companies in the difficult position of adjudicating what constitutes “misleading” political content.