Elon Musk’s X (formerly Twitter) has filed a lawsuit seeking to block California’s “Defending Democracy From Deepfake Deception Act of 2024,” arguing that the law violates free speech rights.
Bloomberg reports that Elon Musk’s X has taken legal action against the state of California, filing a complaint in federal court in Sacramento late Thursday challenging the constitutionality of the state’s recently enacted “Defending Democracy From Deepfake Deception Act of 2024.” The law, also known as AB 2655, requires large online platforms to remove content deemed “materially deceptive,” particularly in the context of election campaigns and political speech.
In its 65-page complaint, X argues that the law will lead to widespread censorship of political speech and infringes upon First Amendment rights. The company contends that there is a long history of strong constitutional protections for speech critical of government officials and candidates for public office, including tolerance for potentially false statements made in the context of such criticism.
The lawsuit comes on the heels of a separate ruling by a California federal judge who temporarily blocked a related measure banning deceptive, digitally created campaign ads that are likely to harm a candidate’s reputation or electoral chances. Both measures, along with a third, were signed into law by Governor Gavin Newsom in September 2024.
X’s legal challenge highlights the ongoing debate over the role of social media platforms in moderating content and the balance between protecting free speech and curbing the spread of misinformation, particularly in the realm of political discourse. As AI-generated content becomes increasingly sophisticated and difficult to distinguish from genuine content, lawmakers and tech companies are grappling with how to address the potential for deception and manipulation in the digital sphere.
Supporters of the California law argue that it is necessary to safeguard the integrity of elections and prevent the spread of false information that could unduly influence voters. They point to the growing threat of “deepfakes,” highly realistic AI-generated videos, images, and audio that can be used to create convincing but fabricated content.
However, critics of the law, including X, maintain that it is overly broad and could lead to the suppression of legitimate political speech. They argue that the law’s vague definition of “materially deceptive” content could be applied in an arbitrary or biased manner, chilling free expression and public debate.
The outcome of X’s lawsuit against the state of California could have significant implications for the regulation of online speech and the role of social media platforms in the political process. As the case progresses, it is likely to draw attention from free speech advocates, tech industry stakeholders, and policymakers across the country who are grappling with similar issues.
Read more at Bloomberg here.
Lucas Nolan is a reporter for Breitbart News covering issues of free speech and online censorship.
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