Publication Date
10-4-2026
Abstract
As technology advances and more Americans use the internet to get their news, AI-generated “deepfakes” have become a powerful tool for misinformation. One common use of deepfakes is to make fake, but convincing, videos of electoral candidates or government officials. Deepfakes pose particular harm to local governments and officials because, unlike federal leaders, local leaders usually do not have the financial resources to fund the counterspeech sufficient to disprove deepfakes. Thus, to help defend the integrity of local governments, this Note argues that every state should enact legislation prohibiting deepfakes of public officials and proposes a First Amendment-compliant framework for doing so. This Note proposes that a deepfake statute survives constitutional scrutiny if it meets the following criteria: (1) it targets the medium of deepfakes rather than the accuracy of the speech; (2) it uses precise language defining the scope of the law; (3) it includes carveouts to exclude people from liability if they include a reasonable disclaimer clarifying the video is a deepfake; (4) it contains no time-based restrictions on applicability; and (5) it provides for injunctive relief and criminal penalties consistent with existing falsity statutes.
Recommended Citation
Jay Kennedy,
Fake News from Fake Dudes: Why State Statutes Regulating Political Deepfakes are both Necessary and Constitutional,
121
Nw. U. L. Rev.
525
(2026).
https://scholarlycommons.law.northwestern.edu/nulr/vol121/iss2/5
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