From today's decision by Judge John Mendez (E.D. Cal.) in Kohls v. Bonta:
AB 2839 regulates a broad spectrum of election-related content that is "materially deceptive" and permits any recipient of this content to sue for general or special damages. Cal. Elec. Code §§ 20012(b)(1), 20012(d). AB 2839 defines "materially deceptive" content as "audio or visual media that is intentionally digitally created or modified, … such that the content would falsely appear to a reasonable person to be an authentic record of the content depicted in the media." AB 2839 includes exceptions for candidates who make and share deepfake content of themselves and for satire or parody. In both these cases, the content must include a disclaimer that meets AB 2839's formatting requirements and must state that the content has been digitally manipulated….
The Court finds that AB 2839 discriminates based on content, viewpoint, and speaker and targets constitutionally protected speech.
