Deepfake Regulations and Free Speech

The regulation of deepfakes, particularly in the context of elections, has become a significant issue in the United States, with states taking various approaches to address the potential threats to electoral integrity while navigating First Amendment concerns.¹

A fragmented reflection of a woman highlights the complex issues of deepfake technology and its impact on free speech.

State-Level Regulations

As of early 2025, 20 states have enacted laws regulating political deepfakes, with more considering similar legislation.² California, in particular, has implemented some of the strictest regulations:

• AB 2839 prohibits the distribution of deceptive AI-generated content 120 days before an election and 60 days after in some cases.³

• AB 2655 requires large online platforms to identify and remove materially deceptive election-related content during specified periods.³

  
  

New York has also proposed a ban on political deepfakes, joining over 30 states that attempted to limit them in the past year.⁴

A stylized illustration of a man with headphones and concentric circles symbolizes the interplay between deepfake technology and free speech today.

Constitutional Challenges

These laws face significant constitutional scrutiny due to potential conflicts with First Amendment protections:

• A federal court in California enjoined most provisions of AB 2839, citing the high bar for content-based restrictions on speech to survive constitutional scrutiny.⁵

• In contrast, a Minnesota court rejected a request to enjoin that state's election deepfake law, focusing on the law's scope which excludes clearly labeled parody content.⁶

  
  

Free Speech Considerations

The regulation of deepfakes presents a complex challenge for lawmakers:

• Deepfakes are generally protected under the First Amendment as a form of free expression, even if they contain falsehoods.⁷

• Restrictions on AI-generated content must be carefully crafted to avoid infringing on protected speech, including political speech and parody.⁸

• Some experts argue that existing libel and slander laws may be sufficient to address potential risks associated with deepfake technology.⁹

  
  

Future Outlook

As the 2024 presidential election approaches, the debate over deepfake regulations is likely to intensify:

• Legal challenges to new laws are expected, highlighting the difficulty in balancing free speech rights with the integrity of democratic processes.¹⁰

• The outcome of these challenges may shape the future landscape of AI-generated content regulation in politics.¹⁰

  
  

The ongoing legal and legislative developments surrounding deepfake regulations underscore the complex interplay between technological advancements, electoral integrity, and constitutional protections for free speech.

References:

¹ National Conference of State Legislatures, "State Laws Related to Digital Deception in Elections," 2025.

² Ibid.

³ California Legislative Information, "AB-2839 Elections: deceptive audio or visual media," 2024.

⁴ New York State Senate, "Senate Bill S5605D," 2024.

⁵ U.S. District Court for the Northern District of California, "Decision on AB 2839," 2025.

⁶ Minnesota District Court, "Ruling on State Deepfake Law," 2025.

⁷ First Amendment Center, "Deepfakes and Free Speech," 2024.

⁸ American Civil Liberties Union, "AI, Deepfakes, and the First Amendment," 2025.

⁹ Harvard Law Review, "Regulating Deepfakes: Legal and Constitutional Implications," 2024.

¹⁰ Brookings Institution, "The Future of Deepfake Regulation in U.S. Elections," 2025.