A federal judge ruled in favor of Elon Musk and his X social media platform in the billionaire’s challenge to a California law that bans artificial intelligence-generated, deepfake content related to elections.

The law requires social media companies to remove deepfake content related to elections within 72 hours of reporting. Musk and the company joined the suit in November, citing free speech concerns. 

Judge John Mendez cited federal rules for online platforms in his ruling. He said the law violates Section 230 of the Communications Decency Act, which protects online platforms from liability for what users post on their sites.

“They don’t have anything to do with these videos that the state is objecting to,” Mendez wrote.

He did not give an opinion on the free speech arguments from the plaintiffs.  

Gov. Gavin Newsom (D-CA) signed the legislation into law last year after Musk and Trump supporters shared a fake video of then-Vice President Kamala Harris before the election. The law came amid increased concerns about the quick advancement of AI and its effects on political candidates.

During the 2024 election, deepfake robocalls impersonating former President Joe Biden were reported in New Hampshire. The Federal Communications Commission proposed a $6 million fine against the Democratic consultant behind the calls, and the perpetrator was indicted on over a dozen counts of voter suppression and impersonating a candidate.

Newsom spokeswoman Tara Gallegos said the office “remain[s] convinced that commonsense labeling requirements for deep fakes are important to maintain the integrity of our elections,” as it reviews the decision.

FEMA’S FORK IN THE ROAD: ABOLITION OR SEAT AT THE CABINET

Mendez said he would move to overrule a second related law, which requires labels on digitally altered campaign posts and ads, for violating free speech protections.

The video’s creator, Christopher Kohls, originally filed the lawsuit with Musk and X, and two right-wing platforms, Rumble and Babylon Bee, later joined the suit.