The complaint argues laws signed by Gov. Gavin Newsom violate free speech rights.

By Lara Korte

09/18/2024 10:00 PM EDT

SACRAMENTO, California — The creator of a video that used artificial intelligence to imitate Kamala Harris is suing the state of California after Gov. Gavin Newsom signed laws restricting the use of digitally altered political “deepfakes,” alleging First and 14th Amendment violations.

Christopher Kohls, who goes by the name “Mr Reagan” on X, has been at the center of a debate over the use of AI-generated material in elections since he posted the video in July, calling it a parody of a Harris campaign ad. It features AI-generated clips mimicking Harris’ voice and saying she’s the “ultimate diversity hire.” The video was shared by X owner Elon Musk without calling it parody and attracted the ire of Newsom, who vowed to ban such content.

The governor made good on that promise Tuesday by signing laws targeting fraudulent campaign materials. Now, Kohls is suing, arguing the governor is trying to make computer-generated parody illegal and asserting that political satire is a “fundamental First Amendment Right.”

The suit, filed Tuesday in federal court, seeks permanent injunctions against the laws.

One of the laws in question, the Defending Democracy from Deepfake Deception Act, specifies that it does not apply to satire or parody content. It requires large online platforms to remove or label deceptive, digitally altered media during certain periods before or after an election.

Newsom spokesperson Izzy Gardon said in a statement that Kohls had already labeled the post as a parody on X.

“Requiring them to use the word ‘parody’ on the actual video avoids further misleading the public as the video is shared across the platform,” Gardon said. “It’s unclear why this conservative activist is suing California. This new disclosure law for election misinformation isn’t any more onerous than laws already passed in other states, including Alabama.”