Man Who Made Kamala Harris AI Parody Video Sues California After State Passes New Deepfake Laws

Mr Reagan, an X user whose use of AI-generated material in the American election season has triggered a widespread debate on Tuesday sued the state of California after Gov. Gavin Newsom signed laws restricting the use of digitally altered political ‘deepfakes’.

Mr Reagan, whose real name is Christopher Kohls, posted a video in July and called it a parody of a Harris campaign ad. The ad contains AI-generated clips mimicking Harris’ voice and saying she’s the “ultimate diversity hire”.

Elon Musk, X, SpaceX and Tesla owner, shared the video but did not say it was a parody, which angered Newsom who then vowed to ban such content.

California now has some of the toughest laws in the United States to crack down on election deepfakes ahead of the 2024 election after Gov. Gavin Newsom signed three landmark proposals this week at an artificial intelligence conference in San Francisco.

The state could be among the first to test out such legislation, which bans the use of AI to create and circulate false images and videos in political ads close to Election Day.

But now, two of the three laws, including one that was designed to curb the practice in the 2024 election, are being challenged in court through a lawsuit filed Tuesday in Sacramento.

Those include one that takes effect immediately that allows any individual to sue for damages over election deepfakes, while the other requires large online platforms, like X, to remove the deceptive material starting next year.

“It’s unclear why this conservative activist is suing California,” Newsom spokesperson Izzy Gardon said in a statement. “This new disclosure law for election misinformation isn’t any more onerous than laws already passed in other states, including Alabama.”

Theodore Frank, an attorney representing the complainant, said the California laws are too far reaching and are designed to “force social media companies to censor and harass people.”

“I’m not familiar with the Alabama law. On the other hand, the governor of Alabama had hasn’t threatened our client the way the governor of California did,” he told The Associated Press.

Among the three law signed by Newsom on Tuesday, one takes effect immediately to prevent deepfakes surrounding the 2024 election and is the most sweeping in scope. It targets not only materials that could affect how people vote but also any videos and images that could misrepresent election integrity. The law also covers materials depicting election workers and voting machines, not just political candidates.

The law makes it illegal to create and publish false materials related to elections 120 days before Election Day and 60 days thereafter. It also allows courts to stop the distribution of the materials, and violators could face civil penalties. The law exempts parody and satire.

The goal, Newsom and lawmakers said, is to prevent the erosion of public trust in U.S. elections amid a “fraught political climate.”

But critics such as free speech advocates and Musk called the new California law unconstitutional and an infringement on the First Amendment. Hours after they were signed into law, Musk on Tuesday night elevated a post on X sharing an AI-generated video featuring altered audios of Harris.

“The governor of California just made this parody video illegal in violation of the Constitution of the United States. Would be a shame if it went viral,” Musk wrote of the AI-generated video, which has a caption identifying the video as a parody.