Federal Judge Invalidates California's AB 2655 Deepfake Law, Citing Platform Immunity

Sacramento, California – A federal judge has struck down California's Assembly Bill 2655, a state law intended to regulate AI-generated deepfake content during election periods. The ruling, delivered in early August 2025 by Federal Judge John Mendez, found that the legislation conflicted with Section 230 of the federal Communications Decency Act. This decision follows a legal challenge prompted by a widely circulated parody video of Kamala Harris, which had spurred Governor Gavin Newsom to enact the law.

Governor Newsom signed AB 2655, alongside a related bill AB 2839, in late 2024, aiming to combat deceptive political deepfakes. The legislative push came after a deepfake video, created by Christopher Kohls, depicted Kamala Harris as the "ultimate diversity hire" and was amplified by Elon Musk on X. Newsom had publicly criticized such content, vowing to take action against its spread.

The lawsuit challenging the laws was brought by Kohls, X, the satirical website Babylon Bee, and social media platform Rumble, arguing the measures infringed upon free speech. While AB 2655 sought to hold online platforms accountable for hosting "materially deceptive content," AB 2839 aimed to prohibit individuals from distributing such content. Opponents contended these laws amounted to unconstitutional censorship.

Judge Mendez ruled that AB 2655 was preempted by Section 230, which protects online platforms from liability for content posted by third parties. He stated that platforms like X "don't have anything to do with these videos that the state is objecting to." Furthermore, Mendez indicated that AB 2839 was also likely to fail, describing it as a "censorship law" that would not survive legal scrutiny due to its broad restrictions on speech.

The ruling has been hailed by critics of the California laws as a victory for free speech. Assemblyman Kevin Kiley stated in a recent tweet,

"A federal judge just struck down a new California law banning images like this. Newsom signed the law to censor a popular parody video of Kamala Harris. Thankfully, the First Amendment is still alive in our state." Governor Newsom's office, however, indicated it was reviewing the decision, maintaining that "commonsense labeling requirements for deep fakes are important to maintain the integrity of our elections." This case underscores the ongoing tension between regulating AI-generated misinformation and upholding First Amendment protections for parody and satire.