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The First Amendment is the constraint shaping every state attempt to regulate AI deepfakes in political advertising.
Courts have permanently enjoined the AI election deepfake laws of both California and Hawaii on free speech grounds, and the resulting legal vacuum is now a live variable for voters heading into the midterms, with 29 other states filling it differently.
How the 29-state patchwork actually works The variation runs deep. Minnesota and Texas restrict political deepfakes only within a defined window before an election. Maryland's prohibition runs year-round.
States outside that group generally require disclosure when AI is used in political ads, and the specificity of those disclosures differs: Colorado and Utah mandate the deepfake's creator, its creation date, and a description of how it was edited, according to the National Conference of State Legislatures.
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