{"id":2342988,"date":"2024-09-18T16:16:01","date_gmt":"2024-09-18T20:16:01","guid":{"rendered":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/new-california-ai-law-mounts-chilling-assault-on-free-speech\/"},"modified":"2024-09-18T16:18:27","modified_gmt":"2024-09-18T20:18:27","slug":"new-california-ai-law-mounts-chilling-assault-on-free-speech","status":"publish","type":"post","link":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/new-california-ai-law-mounts-chilling-assault-on-free-speech\/","title":{"rendered":"New California AI Law Mounts Chilling Assault On Free Speech"},"content":{"rendered":"<aside class=\"mashsb-container mashsb-main mashsb-stretched\"><div class=\"mashsb-box\"><div class=\"mashsb-count mash-medium\" style=\"&quot;\"><div class=\"counts mashsbcount\">20<\/div><span class=\"mashsb-sharetext\">SHARES<\/span><\/div><div class=\"mashsb-buttons\"><a class=\"mashicon-facebook mash-medium mash-nomargin mashsb-noshadow\" href=\"https:\/\/www.facebook.com\/sharer.php?u=https%3A%2F%2Fwww.conservativenewsdaily.net%2Fbreaking-news%2Fnew-california-ai-law-mounts-chilling-assault-on-free-speech%2F\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Facebook<\/span><\/a><a class=\"mashicon-twitter mash-medium mash-nomargin mashsb-noshadow\" href=\"https:\/\/twitter.com\/intent\/tweet?text=&amp;url=https:\/\/www.conservativenewsdaily.net\/breaking-news\/?p=2342988&amp;via=ConservNewsDly\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Twitter<\/span><\/a><a class=\"mashicon-subscribe mash-medium mash-nomargin mashsb-noshadow\" href=\"#\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Subscribe<\/span><\/a><div class=\"onoffswitch2 mash-medium mashsb-noshadow\" style=\"display:none\"><\/div><\/div>\n            <\/div>\n                <div style=\"clear:both\"><\/div><\/aside>\n            <!-- Share buttons by mashshare.net - Version: 4.0.47--><p>California Governor Gavin\u2062 Newsom\u200b has implemented \u2062new \u2063laws aimed at regulating \u200dthe \u200buse of artificial \u200dintelligence in political content, particularly focusing on &#8220;deepfakes.&#8221; Celebrating Constitution Day, Newsom officially banned \u200bthe creation and distribution of deepfake images and \u2062videos for a period surrounding elections\u2014120 days before and 60 days after. Under this law, individuals\u2064 depicted in AI-generated\u200c media can seek legal injunctions to\u2062 halt distribution. Newsom emphasized \u200cthe importance of safeguarding election \u2064integrity and combating disinformation in the <a href=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/backlash-against-disney-grows-after-liberal-actor-in-show-with-gina-carano-made-similar-posts-still-has-job\/\" title=\"Backlash Against Disney Grows After Liberal Actor In Show With Gina Carano Made Similar Posts, Still Has Job\">current political climate<\/a>. <\/p>\n<p>Additionally, the governor \u200dsigned two laws requiring political campaigns and <a href=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/the-new-acting-attorney-general-jeff-rosen-recently-wrote-an-essay-on-foreign-influence-in-us-elections-this-tells-us-a-little-about-his-knowledge-of-whats-going-on-today\/\" title=\"The New Acting Attorney General Jeff Rosen Recently Wrote an Essay on Foreign Influence in US Elections \u2013 This Tells Us A Little About His Knowledge of What\u2019s Going On Today\">social media platforms<\/a> to inform users about AI-generated content. \u2062Tech CEO Elon Musk criticized these \u2062regulations, suggesting they undermine free \u200cspeech and \u200bindicated his \u200cplans to relocate some of his companies to Texas. \u200dThe \u2062new legislation reaffirms California&#8217;s leadership in AI\u2062 regulation, particularly in the context of electoral integrity, following its earlier \u2063efforts\u200c to ban\u200c manipulated election-related \u200dmedia.  <\/p>\n<p class=\"readmore\">\n    <button onclick=\"showReadMore()\" id=\"readmorebtn\">Read more&#8230;<\/button>\n<\/p>\n<hr id=\"line\">\n<span id=\"more\"><\/p>\n<div>\n<p>California&rsquo;s far-left governor <a href=\"https:\/\/apnews.com\/article\/california-artificial-intelligence-deepfakes-election-0e70cb32b06d9187eaef5bdacaba6d77\" target=\"_blank\" rel=\"noreferrer noopener\">celebrated Constitution Day<\/a> with a series of new laws to &ldquo;crack down&rdquo; on free speech via artificially generated content within months of an election.<\/p>\n<p>On Tuesday, Democrat Gov. Gavin Newsom officially outlawed the creation and distribution of images or videos created with artificial intelligence known as &ldquo;deepfakes.&rdquo; The meme ban applies 120 days before an election and 60 days after. The <a href=\"https:\/\/legiscan.com\/CA\/text\/AB2839\/id\/2992045\">law<\/a> formerly known as Assembly Bill 2839 allows people depicted in AI-generated memes and videos to obtain a preliminary injunction in court that stops the meme&rsquo;s distribution.<\/p>\n<p>&ldquo;Safeguarding the integrity of elections is essential to democracy, and it&rsquo;s critical that we ensure AI is not deployed to undermine the public&rsquo;s trust through disinformation &ndash; especially in today&rsquo;s fraught political climate,&rdquo; Newsom said in a <a href=\"https:\/\/www.gov.ca.gov\/2024\/09\/17\/governor-newsom-signs-bills-to-combat-deepfake-election-content\/\">press release<\/a>. &ldquo;These measures will help to combat the harmful use of deepfakes in political ads and other content, one of several areas in which the state is being proactive to foster transparent and trustworthy AI.&rdquo;<\/p>\n<p>Newsom also signed two other pieces of legislation requiring campaigns and social media platforms to disclose whether their content was created with artificial intelligence. Tech CEO Elon Musk, who <a href=\"https:\/\/thefederalist.com\/2024\/07\/17\/elon-musk-will-move-corporate-headquarters-for-x-spacex-to-texas-over-california-trans-law\/\" target=\"_blank\" rel=\"noreferrer noopener\">announced <\/a>in July he would relocate the headquarters for two of his companies from California to Texas, <a href=\"https:\/\/x.com\/elonmusk\/status\/1836265669631053838\">amplified <\/a>a fake campaign ad that Newsom characterized as the impetus for the decision to sign the anti-speech laws. <\/p>\n<figure><\/figure>\n<p>&ldquo;Hard to be a free speech platform in a state that wants to ban free speech,&rdquo; Musk wrote in another post on X.<\/p>\n<figure><\/figure>\n<p>According to the Associated Press, &ldquo;The governor signed the bills to loud applause during a conversation with Salesforce CEO Marc Benioff at an event hosted at the <a href=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/breaking-antrim-co-forensic-report-bombshell-reveals-dominion-machines-were-set-at-68-05-error-ratemeaning-68-05-of-ballots-could-be-sent-out-for-mass-adjudication-giving-individuals-or-ma\/\" title=\"BREAKING: Antrim Co. Forensic Report BOMBSHELL Reveals Dominion Machines Were Set At 68.05% Error Rate\u2026Meaning 68.05% Of Ballots Could Be Sent Out For Mass Adjudication, Giving Individuals Or Machines Ability To Change 68.05% Of Votes\">major software company<\/a> during its annual conference in San Francisco.&rdquo;<\/p>\n<p>&ldquo;The new laws reaffirm California&rsquo;s position as a leader in regulating AI in the U.S., especially in combating election deepfakes,&rdquo; the AP <a href=\"https:\/\/apnews.com\/article\/california-artificial-intelligence-deepfakes-election-0e70cb32b06d9187eaef5bdacaba6d77\">reported<\/a>. &ldquo;The state was the first in the U.S. to ban manipulated videos and pictures related to elections in 2019. Measures in technology and AI proposed by California lawmakers have been used as blueprints for legislators across the country, industry experts said.&rdquo;<\/p>\n<p>The state has also therefore become an authoritarian leader in public-private censorship. Any new laws in California have nationwide implications given most <a href=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/justice-thomas-suggests-section-230-may-be-unconstitutional\/\" title=\"Justice Thomas Suggests Section 230 May Be Unconstitutional\">major social media platforms<\/a> are headquartered in Silicon Valley.<\/p>\n<p>Krista Lee Baughman, a partner at the Dhillon Law Group in California who litigates First Amendment issues, told The Federalist that Assembly Bill 2839 was problematic for broadening the scope of speech subject to lawsuits.<\/p>\n<p>&ldquo;Whatever harms might be caused by deepfakes, they are still at their core expressive content,&rdquo; Baughman told The Federalist. &ldquo;The First Amendment protects expressive content unless it falls under certain narrow categories.&rdquo; <\/p>\n<p>Former President Donald Trump, for example, might be able to sue over a deepfake of him shooting somebody in the foot if the conduct were found in court to be &ldquo;false and disparaging.&rdquo; Under California&rsquo;s new regulations for artificial content, however, even positive memes and parody videos can be the subject of a lawsuit. Assembly Bill 2839, Baughman said, is &ldquo;deeply at odds with the way it is drafted with existing defamation law.&rdquo;<\/p>\n<p>&ldquo;I think there&rsquo;s going to be a ton of litigation over this,&rdquo; Baughman added. <\/p>\n<hr>\n<p>      Tristan Justice is the western correspondent for The Federalist and the author of Social Justice Redux, a conservative newsletter on culture, health, and wellness. He has also written for The Washington Examiner and The Daily Signal. His work has also been featured in Real Clear Politics and Fox News. Tristan graduated from George Washington University where he majored in political science and minored in journalism. Follow him on Twitter at @JusticeTristan or contact him at Tristan@thefederalist.com. Sign up for Tristan&#8217;s email newsletter <a href=\"https:\/\/socialjusticeredux.substack.com\/about\">here<\/a>.<\/p>\n<\/p><\/div>\n<p><\/span><\/p>\n","protected":false},"excerpt":{"rendered":"<p>California&#8217;s progressive governor marked Constitution Day by introducing a set of new laws aimed at restricting free speech related to artificially generated content just months before an election. On Tuesday, Democratic Governor Gavin Newsom enacted legislation that prohibits the creation and sharing of AI-generated images or videos, commonly referred to as &#8220;deepfakes.&#8221; This ban on memes is effective 120 days prior to an election and continues for 60 days afterward. The law, previously known as Assembly Bill 2839, allows individuals depicted in AI-generated content to seek a preliminary court injunction to halt its distribution.<\/p>\n<p>&#8220;Protecting the integrity of elections is vital for democracy, and we must ensure that AI isn&#8217;t used to erode public trust through misinformation\u2014especially in today&#8217;s tense political environment,&#8221; Newsom stated in a press release. &#8220;These initiatives will help address the detrimental use of deepfakes in political advertising and other media, reflecting our proactive approach towards fostering transparent and reliable AI.&#8221;<\/p>\n<p>In addition, Newsom signed two other bills mandating that campaigns and social media platforms disclose whether their content was produced using artificial intelligence. Tech CEO Elon Musk, who announced plans in July to move his companies&#8217; headquarters from California to Texas, highlighted a misleading campaign ad that Newsom cited as a key reason for implementing these anti-speech laws. Musk commented on X (formerly Twitter), &#8220;It&#8217;s hard to be a free speech platform in a state that wants to ban free speech.&#8221;<\/p>\n<p>According to the Associated Press, &#8220;The governor received enthusiastic applause while signing the bills during an event with Salesforce CEO Marc Benioff at the company&#8217;s annual conference in San Francisco.&#8221; The AP noted that &#8220;the new laws reinforce California&#8217;s role as a leader in regulating AI within the U.S., particularly concerning election-related deepfakes.&#8221; California was also the first state in America to prohibit manipulated videos and images associated with elections back in 2019. Experts suggest that legislative measures regarding technology and AI proposed by California lawmakers have served as models for legislators nationwide.<\/p>\n<p>Consequently, California has emerged as an authoritarian figurehead for public-private censorship; any new regulations there could have far-reaching effects since most major social media companies are based in Silicon Valley. Krista Lee Baughman from Dhillon Law Group expressed concerns about Assembly Bill 2839 expanding legal liabilities related to speech issues: \u201cWhile deepfakes may cause harm, they fundamentally represent expressive content,\u201d she explained. \u201cThe First Amendment protects such expression unless it falls into specific narrow categories.\u201d<\/p>\n<p>For instance, former President Donald Trump might pursue legal action over a deepfake depicting him engaging in violent behavior if deemed \u201cfalse and disparaging\u201d by courts; however under California\u2019s updated rules regarding artificial content\u2014even benign memes or parody videos could lead to lawsuits. Baughman remarked that Assembly Bill 2839 conflicts significantly with existing defamation law: \u201cI anticipate significant litigation arising from this.\u201d <\/p>\n<p>Tristan Justice serves as The Federalist&#8217;s western correspondent and authors Social Justice Redux\u2014a conservative newsletter focused on culture health\u2014and wellness topics; he has contributed pieces for outlets like The Washington Examiner and Fox News among others after graduating from George Washington University with degrees focusing on political science alongside journalism studies<\/p>\n","protected":false},"author":494,"featured_media":2342989,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_mo_disable_npp":"","fifu_image_url":"https:\/\/thefederalist.com\/wp-content\/uploads\/2024\/09\/47998122807_bc43c71fe1_k-e1726683327239.jpg","fifu_image_alt":"","footnotes":""},"categories":[546],"tags":[41165,4045,32311],"class_list":["post-2342988","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-the-federalist","tag-ai-law","tag-california","tag-free-speech"],"fifu_image_url":"https:\/\/thefederalist.com\/wp-content\/uploads\/2024\/09\/47998122807_bc43c71fe1_k-e1726683327239.jpg","_links":{"self":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts\/2342988","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/users\/494"}],"replies":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/comments?post=2342988"}],"version-history":[{"count":0,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts\/2342988\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/media\/2342989"}],"wp:attachment":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/media?parent=2342988"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/categories?post=2342988"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/tags?post=2342988"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}