A federal court has delivered a major blow to California Gov. Gavin Newsom’s attempt to ban AI-generated political content during elections. The law, which was signed after a parody video of Kamala Harris surfaced online, was challenged by Chris Kohls, the creator of the video known as “Mr. Reagan.” Kohls argued that the law violated his right to free speech.
On Wednesday, Senior U.S. District Judge John A. Mendez agreed with Kohls, ruling that the law unconstitutionally restricted political speech. Mendez described the law as overly broad, stating that it acted like a “hammer instead of a scalpel” and unjustly limited satire and parody.
Kohls’ video, which used AI to create a humorous portrayal of Harris, prompted Newsom to quickly pass the law. However, the judge’s ruling emphasized that parody and satire are protected forms of expression under the First Amendment. The decision blocks the law from being enforced, delivering a victory to Kohls and other free speech advocates.
The lawsuit also garnered support from Babylon Bee, a satirical news website. CEO Seth Dillon filed a separate lawsuit against the state, arguing that the law would kill satire by requiring disclaimers that identify the content as parody. Dillon celebrated the court’s decision as a win for creative freedom.
Judge Mendez allowed for one part of the law to remain, requiring verbal disclosure of AI use in audio-only content, but the majority of the law was struck down. The ruling is expected to have implications for other states considering similar restrictions on AI-generated political ads.
