California blocks controversial fake news law amid fears it criminalises jokes

The move is the subject of at least two legal challenges and has drawn condemnation from satirists who claim it will outlaw political jokes

A California law which critics said would criminalise jokes has been blocked by a judge.
Gavin Newsom, the California governor, signed the measures into law last month to prevent the publication of “materially deceptive” content about political candidates, such as deepfakes.
However, the move is the subject of at least two legal challenges and has drawn condemnation from satirists who claim it will outlaw political jokes.
A district court judge has now issued a preliminary injunction to prevent the law being enforced, suggesting it would act as a “hammer” on free speech.
Chris Kohls, a YouTuber known as “Mr Reagan”, sued to prevent the state from enforcing the law after posting an AI-generated video of a Kamala Harris campaign video in July.
In the parody advert, the Democratic presidential candidate calls herself the “ultimate diversity hire” and claims she replaced Joe Biden at the top of the ticket because of his “senility”.
Mr Newsom responded to the video on X, formerly known as Twitter, saying that “manipulating a voice in an ‘ad’ like this should be illegal”. He vowed: “I’ll be signing a bill in a matter of weeks to make sure it is.”
Mr Kohl filed his lawsuit the same day that the California governor finally filed the measures into law, to “defend all Americans’ right to satirise politicians”.
John A. Mendez, a senior US district court judge in California, ruled that the legislation was likely unconstitutional and issued a preliminary injunction while the case is being heard.
He wrote that the measures act “as a hammer instead of a scalpel,” and called it a “blunt tool” which “hinders humorous expression and unconstitutionally stifles the free and unfettered exchange of ideas”.
Elon Musk, the tech billionaire who has been a frequent critic of Mr Newsom, wrote on social media: “California’s unconstitutional law infringing on your freedom of speech has been blocked by the court. Yay!”
The law is subject to a separate challenge by the Babylon Bee, a satirical publication, who claimed it would “clamp down” on political jokes.
A spokesman for Mr Newsom said in a statement that the governor was “confident” that the courts would uphold California’s ability to regulate deepfakes, according to a statement given to Politico.
“Deepfakes threaten the integrity of our elections, and these new laws protect our democracy while preserving free speech,” they continued. “Satire remains alive and well in California — even for those who miss the punchline.”
The California governor’s office has been separately approached for comment by The Telegraph.