X User Sues Over California’s Anti-Deepfake Law

An X user who generated a provocative AI-altered campaign video mocking Kamala Harris in July—an incident that gained significant traction after Elon Musk shared it—has initiated legal action to challenge California’s newly enacted laws aimed at combating political deepfakes. This legal move comes just one day after Governor Gavin Newsom signed the legislation into effect.

Christopher Kohls, the individual behind the X handle @MrReaganUSA, is the plaintiff in the case filed in the Eastern District of California federal court. Kohls contends that the new laws represent an overreach of “state power to compel private social media companies to censor private citizens’ speech by purging election-related AI-generated content.” The controversy surrounding Kohls began when he posted a campaign video in July, which utilized AI-generated audio to create a parody of Kamala Harris. In the video, Harris is depicted using phrases such as “ultimate diversity hire” and “deep state puppet.” The video gained widespread attention after being shared by Elon Musk on X, where it accumulated over 135 million views.

In the lawsuit, Kohls argues that the video’s voiceover, while designed to be a satirical portrayal, closely mimics Harris’ actual voice and exaggerates political rhetoric to influence public perception. Kohls asserts that this parody is protected under the First Amendment, as it is his constitutional right to satirize politicians he believes are unfit for office. Kohls’ original post labeled the video as a “Campaign Ad PARODY,” which, according to the California political deepfakes ban, should be exempt from the new regulations provided it includes proper disclosure. However, Kohls’ legal team argues that the law’s requirement for parody labeling to be displayed in font size comparable to other text in the video presents a challenge. They claim this requirement could lead to the parody label occupying nearly the entire screen, potentially undermining the video’s intended impact and protection under the law.

Governor Gavin Newsom’s decision to sign the legislation came in the wake of Musk’s promotion of Kohls’ video. Musk had previously ridiculed Newsom’s stance on the issue, insisting that “parody is legal in America.” On Tuesday, Newsom signed Assembly Bill 2839, Assembly Bill 2655, and Assembly Bill 2355 at Salesforce’s AI convention “Dreamforce.” AB 2839, which took effect immediately, criminalizes the distribution of “materially deceptive audio or visual media of a candidate” within 120 days before an election and, in some cases, up to 60 days after. This bill empowers candidates to seek court orders to remove such deepfake ads and pursue legal action against those who disseminate them. Nonetheless, the law permits exceptions for parody and satire, provided there is a clear disclosure. The two additional bills, which will become effective next year, mandate that platforms like X and Facebook remove political deepfakes and require campaigns to disclose any ads containing AI-generated or altered content.

Following the enactment of the new laws, Elon Musk has continued to criticize Governor Newsom and the legislation. Musk reposted the video on X and commented, “You’re not gonna believe this, but Gavin Newsom just announced that he signed a LAW to make parody illegal, based on this video.” The billionaire, who has endorsed Donald Trump, urged his followers to make the Harris deepfake video “viral” and called for a change in California’s leadership. Musk further warned that a Harris victory in November could lead to nationwide restrictions on free speech. Additionally, Musk promoted a Babylon Bee deepfake ad targeting Newsom. The legal battle over California’s anti-deepfake laws highlights a significant clash between political satire and new regulatory measures aimed at curbing misinformation. As the case unfolds, it will likely set important precedents for the intersection of technology, free speech, and election integrity.