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The ACLU Fights for Your Constitutional Right to Make Deepfakes
States across the US are seeking to criminalize certain uses of AI-generated content. Civil rights groups are pushing back, arguing that some of these new laws conflict with the First Amendment.
While the organization supports more narrowly tailored rules against disinformation about the date, place, and time of elections, which it considers a form of voter suppression, it contends that citizens have a constitutional right to use AI to spread untruths, just as they do to lie on paper or in comments from the podium at a political rally. On January 29, in testimony before the Georgia Senate Judiciary Committee, Hunt-Blackwell urged lawmakers to scrap the bill’s criminal penalties and to add carve-outs for news media organizations wishing to republish deepfakes as part of their reporting. Last year, the ACLU and numerous other civil liberties groups signed a letter in opposition to a bipartisan Senate bill that would make social media platforms liable for hosting generative AI content, including deepfakes.
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