AI Parody of Kamala Harris Leads to Lawsuit Against California

Written by Kathrine Frich

Sep.19 - 2024 9:27 AM CET

Politics
Photo: Wikimedia Commons
Photo: Wikimedia Commons
The video was later shared by X’s owner, Elon Musk, without clarifying that it was a parody.

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A creator of a video using artificial intelligence (AI) to imitate Vice President Kamala Harris is suing California, challenging the state's newly signed laws restricting AI-generated political content.

Deceptive Digital Content

The lawsuit comes after Governor Gavin Newsom passed legislation aimed at curbing deceptive digital content in political campaigns, raising concerns about free speech violations under the First and Fourteenth Amendments, according to Digi24.

Christopher Kohls, known as "Mr. Reagan" on the social media platform X, uploaded the controversial video on July 26, labeling it as a parody of a Harris campaign ad. The AI-generated clip mimics Harris’ voice, with her stating: “I am the ultimate hire in the name of diversity.”

The video was later shared by X’s owner, Elon Musk, without clarifying that it was a parody. This triggered a response from Newsom, who vowed to crack down on AI-generated political misinformation.

Remove or Label Parodies and Satire

In response, Kohls filed a lawsuit on Tuesday in a federal court, claiming that the new laws violate his First Amendment rights by attempting to criminalize computer-generated satire. His legal team is seeking a permanent injunction against the laws, which they argue could restrict free political expression.

One key law in question, the “Democracy Defense Against Deepfakes Act,” mandates online platforms to remove or label misleading digital content during critical election periods. However, it specifically excludes satire and parody from these restrictions.

Governor Newsom's spokesperson, Izzy Gardon, noted that Kohls had already labeled his video as parody on X, questioning the necessity of the lawsuit. Gardon further added that similar laws exist in states like Alabama.