Los Angeles CA
10-04-2024 11:01am

Court Rules AB2839 Likely Violates 1st Amendment

Would AB2839 Limit Discussion for a Recount? The concerns by U.S. District Judge John A. Mendez puts AM2839, recently signed by Governor Newsom, on hold.

Key points of AB2839

  • This section shall become operative January 1, 2027. remain in effect only until January 1, 2027
  • Proceedings in cases involving the registration or denial of registration of voters, the certification or denial of certification of candidates, the certification or denial of certification of ballot measures, election contests...shall be placed on the calendar in the order of their date of filing and shall be given precedence.
  • (3) In the lead-up to the 2024 presidential elections, candidates and parties are already creating and distributing deepfake images and audio and video content. These fake images or files can skew election results, even if they use older methods of distribution, such as mail, television, telephone, and text, and undermine trust in the ballot counting process.
  • (4) In order to ensure California elections are free and fair, California must, for a limited time before and after elections, prevent the use of deepfakes and disinformation meant to prevent voters from voting and deceive voters based on fraudulent content. The provisions of this bill are narrowly tailored to advance California’s compelling interest in protecting free and fair elections.
  • Plaintiff Christopher Kohls (aka “Mr. Reagan”) is an individual who creates digital content about political figures. His videos contain demonstrably false information that include sounds or visuals that are significantly edited or digitally generated using artificial intelligence (“AI”).

U.S. District Judge John A. Mendez said “While California has a valid interest in protecting the integrity and reliability of the electoral process, AB 2839 is unconstitutional because it lacks the narrow tailoring and least restrictive alternative that a content-based law requires under strict scrutiny,” 

“Most of AB 2839 acts as a hammer instead of a scalpel, serving as a blunt tool that hinders humorous expression and unconstitutionally stifles the free and unfettered exchange of ideas which is so vital to American democratic debate,” Mendez wrote.

“Even if AB 2839 were only targeted at knowing falsehoods that cause tangible harm, these falsehoods as well as other false statements are precisely the types of speech protected by the First Amendment,” the judge wrote.

 None of the authors or co-authors of AB2839 are from Southern California.

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