A federal judge has struck down California’s law banning AI-generated political parody videos, ruling in favor of Elon Musk’s platform X, the Babylon Bee, and video-sharing site Rumble. The plaintiffs argued the law infringed on free speech, and U.S. District Judge John Mendez agreed, citing federal protections for online platforms.
The law, signed by Democrat Governor Gavin Newsom, aimed to restrict the use of artificial intelligence in political content during election periods. However, Judge Mendez ruled it conflicted with Section 230 of the Communications Decency Act, which shields platforms like X from being held responsible for user-generated content.
Judge Mendez declined to address free speech claims directly, instead focusing on how the state law ran afoul of federal protections. Still, in his decision, he emphasized the overreach of the legislation, calling AI parody videos the “political cartoons of today.” He noted that concerns about digital manipulation do not justify suppressing protected speech under the First Amendment.
Mendez warned that the law could chill a wide range of political discourse and satire, highlighting that YouTube videos, Facebook posts, and tweets are today’s equivalents of traditional political advertisements and commentary. He added that privacy, copyright, and defamation laws already provide ways to address reputational harm.
The judge also signaled intent to block a second California law requiring labels on digitally altered campaign content. He questioned its effectiveness, calling the law overly broad and unlikely to survive First Amendment scrutiny.
The case stemmed from a satirical video mocking Vice President Kamala Harris, originally posted by content creator Christopher Kohls. Musk later criticized the law for targeting political humor, joining the legal challenge.
Governor Newsom’s office said it is reviewing the decision but defended the labeling law as necessary to safeguard election integrity.
