California Governor Gavin Newsom Takes
The ruling arrives just as California prepares for its first major election shaped by generative AI,
a moment when anyone with basic tools can manufacture a scandal, confession, or conspiracy in minutes.
Judge John Mendez didn’t dismiss these risks; he acknowledged them directly.
But he also made a firm distinction:
the government cannot restrict political expression in advance, even when that expression is artificial, misleading, or designed to deceive.
To him, the legislature’s proposed solution posed a greater threat to democratic principles than the misinformation itself.
By overturning the deepfake advertising ban and the requirement for platforms to remove such content,
the court effectively left Californians with minimal protections—only disclosure obligations, Section 230’s legal shield, and the chaotic, unfiltered arena of online speech.
Supporters of the ruling argue that letting the state determine what counts as “truth” opens the door to misuse.
Opponents warn that without precise safeguards, AI-generated falsehoods will overwhelm elections faster than fact-checkers or voters can respond.
Caught between these concerns, the 2026 race may become a live experiment in whether an open digital space can endure at a time when reality itself is easily fabricated.