Gov. Newsom’s ‘Anti-Deepfake’ Bill Blocked By Federal Judge, A Win For Elon Musk

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OAN Staff Blake Wolf
11:56 AM – Thursday, October 3, 2024

A federal judge blocked California Democrat Governor Gavin Newsom’s anti-deepfake legislation on Wednesday, which sought to criminalize digitally-altered political images and videos 60 days before an election.

Newsom attempted to pass the bill after billionaire tech mogul and X owner Elon Musk shared an AI altered “deepfake” parody video of Vice President Kamala Harris. In the fake, altered video, Harris thanked President Joe Biden for exposing “his senility,” adding that she was the “ultimate diversity hire.”

“Manipulating a voice in an ‘ad’ like this one should be illegal,” Newsom responded. “I’ll be signing a bill in a matter of weeks to make sure it is.”

Newsom’s bill proposed outlawing the “distribution of materially deceptive audio or visual media of a candidate,” within 60 days of an election, unless the video disclosed that it was parody or a deepfake.

Musk responded to Newsom’s announcement of the anti-deepfake bill, arguing that it violates the First Amendment.

“The governor of California just made this parody video illegal in violation of the Constitution of the United States,” Musk stated, referencing the viral deepfake video that he reposted online.

Although Newsom was confident that the bill would pass, U.S. District Judge John A. Mendez sided with Musk, concluding that Newsom’s proposed law gives legislators “unbridled license to bulldoze over the longstanding tradition of critique, parody, and satire protected by the First Amendment.”

Mendez continued, stating that “Most of [the law] acts as a hammer instead of a scalpel,” referring to Newsom’s law, adding that “a blunt tool hinders humorous expression and unconstitutionally stifles the free and unfettered exchange of ideas.”

Izzy Gardon, a Newsom spokesperson, said that the law was reasonable and that he felt “confident” the courts would allow California to regulate deepfake content.

“Deepfakes threaten the integrity of our elections, and these new laws protect our democracy while preserving free speech,” Gardon stated. “Satire remains alive and well in California – even for those who miss the punchline.”

Following the ruling, Musk rushed to social media to express his excitement, saying, “California’s unconstitutional law infringing on your freedom of speech has been blocked by the court. Yay!”

Newsom’s office has yet to respond to his failed bill.

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