Topline X, the social media platform owned by Elon Musk, has filed a lawsuit to prevent the implementation of a California law aimed at combating political deepfakes on social media platforms. The legal action comes after months of criticism from Musk towards Governor Gavin Newsom for signing the law, which Musk claims would make “parody illegal.”
The lawsuit argues that the First Amendment protects speech critical of government officials and candidates for public office, even if it includes potentially false information. It also highlights the historical skepticism towards government regulation of such content, regardless of the intentions behind it.
In September, Governor Newsom signed three laws targeting election-related deepfake images and videos. One of these laws, Assembly Bill 2839, immediately made it illegal to distribute “materially deceptive audio or visual media of a candidate” within 120 days before an election and, in some cases, 60 days after. Two other legislations, AB 2655 and AB 2355, require online platforms to take action against deepfake content and political campaigns to disclose if they run ads with AI-generated or altered visuals. AB 2655 and AB 2355 are scheduled to go into effect next year.
Shortly after the legislation was signed, a Topline X user released a deepfake campaign video featuring AI-generated audio clips mimicking Vice President Kamala Harris’ voice. The video referred to her as the “ultimate diversity hire” and a “deep state puppet.” Elon Musk shared the video from his own Topline X handle, boosting its reach.
Last month, U.S. District Judge John A. Mendez temporarily halted the implementation of AB 2839, acknowledging the risks posed by deepfakes but stating that the law likely violates the First Amendment. Judge Mendez criticized the law for being a blunt tool that hinders humorous expression and stifles the free exchange of ideas.
This ongoing legal battle between Topline X and the state of California highlights the complex issues surrounding deepfake content and the regulation of online platforms. While the risks associated with deepfakes are significant, the lawsuit argues that the current legislation may infringe upon the freedom of speech protected by the First Amendment.
