What happened
A US District Court in Montana has ruled that a state law regulating AI-generated 'deepfakes' in political campaigns likely violates the First Amendment. The law required anyone paying for political messages that contain a 'deepfake' to include a disclaimer stating that it 'depicts speech or conduct that falsely appears to be authentic or truthful.' The court found that the law discriminates against political speech based on its content and viewpoint.
The case began when a Montana-based interest group sent AI-doctored political mailers to voters, depicting legislators in false scenarios. The legislators filed suit, claiming the mailers violated the state law. However, the court sided with the interest group, arguing that the law likely exceeds the constitutional authority of states.
This decision is not isolated, as similar laws in California and Hawaii were struck down by federal judges earlier this year. According to Adam Schulman, senior attorney for the Hamilton Lincoln Law Institute, this ruling brings momentum back to the free speech argument and may establish a precedent nationally.
The ruling has implications for the development of AI technology, as it suggests that AI-generated speech is protected under the First Amendment. Schulman noted that many legislators view artificial intelligence as a means to regulate misinformation, but this raises concerns about who gets to decide what speech is and isn't appropriate.
