Janice R. Andrews
X Corp, the social media company owned by Elon Musk and previously called Twitter, has initiated legal proceedings against California, contesting legislation designed to regulate artificially intelligent political content. The disputed law, AB 2655 (Defending Democracy from Deepfake Deception Act of 2024), took effect after Governor Newsom’s signature in September and restricts the spread of misleading AI-created content about candidates within 60 days of elections.
Filing in Sacramento’s federal court, X maintains that the regulation violates constitutional free speech protections. The platform’s legal team emphasizes that politically oriented expression, regardless of its accuracy, receives Constitutional protection. Their filing characterizes the law as potentially opening doors to political censorship.
The legislation exists within California’s broader AI regulatory framework, addressing issues from explicit deepfakes to deceptive media. A federal court has temporarily suspended enforcement of this and related measures, citing potential constitutional concerns.
California remains central to AI policy discussions, particularly following events like the 2023 SAG-AFTRA strike, which highlighted entertainment industry AI concerns. The state’s response includes AB 2602, requiring consent for digital likeness usage.
This case exemplifies the complex balance between managing AI-driven misinformation and protecting constitutional rights. Its resolution could influence future AI content regulation across the United States.
