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crime and punishment First Amendment rights general freedom

California vs. Inconvenient Speech

California Governor Newsom wants to outlaw all political speech annoying to himself. If legislation he’s just signed is allowed to stand, he’ll be well on the way to doing so.

One target of California’s two new laws, the Babylon Bee, is filing suit against them.

The Alliance Defending Freedom, which represents the Bee, says that the subjects of the lawsuit, California’s AB2839 and AB265, “censor speech through subjective standards like prohibiting pictures and videos ‘likely to harm’ a candidate’s ‘electoral prospects.’… AB 2655 applies to large online platforms and requires them to sometimes label, and other times remove, posts with ‘materially deceptive content.’”

Babylon Bee CEO Seth Dillon observes that, contrary to the wishes of “self-​serving politicians [who] abuse their power to try and control public discourse and clamp down on comedy,” the right to tell jokes they dislike is secured by the First Amendment.

The vague nature of the laws would enable California officials to “police speech they disagree with,” according to ADF and Captain Obvious.

One of the laws requires a disclaimer to be attached to satirical content, a mandate that also violates the First Amendment.

The immediate incentive for fast-​tracking the censorship bills into law was a parody video of Kamala Harris that includes a simulation of her voice. The video does bill itself as parody but that is obvious regardless. This video “should be illegal,” Newsom asseverated.

No, it shouldn’t. 

Anyway, watch the hilarity on YouTube … while you can.

This is Common Sense. I’m Paul Jacob.


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election law First Amendment rights

How Deep Is Your Fake?

Monday last, a group of Democratic congressfolk “sent a letter to the Federal Election Commission (FEC), asking the agency to adopt regulations prohibiting the creation of deepfakes of election candidates,” Emma Camp tells us in last Thursday’s Reason article, “These Democrats Want the FEC To Crack Down on Elon Musk’s Grok.”

Current law already “prohibits a candidate for federal office or an employee or agent of a candidate from fraudulently misrepresenting themselves, committee, or organization under their control,” the letter states, but candidates have already been caught using “Artificial Intelligence (AI) in campaign ads to depict themselves or another candidate engaged in an action that did not happen or saying something the depicted candidate did not say.”

OK. Regardless of the merit of current regulation, the apparent fact that some political actors have defied the rule (perhaps out of ignorance) doesn’t necessitate more legislation. Why not just let the wheels of justice, or what passes for it in the FEC realm, go on doing what they’re doing?

Because Elon Musk.

Specifically, his X (“Twitter”) platform recently launched “Grok‑2,” an AI for the creation of pictorial representations (not unlike those used here at ThisIsCommonSense​.org). And, shock of shocks, there are no rules in place for ordinary people to take artistic license at those politicians they hate and and for those politicians they don’t.

As Ms. Camp notes, but the legislators don’t, most of these efforts have been for comic effect.

The Democrats don’t like this.

They request expeditious consideration for the creation, by the FEC, of new rules to “regulate” (suppress) AI by ordinary users to maintain the ostensible integrity of “our democracy.”

We have, Ms. Camp not unreasonably concludes, been pretty good at detecting “deep fakes” so far.

Besides, the big problem in politics is shallow fakes.

They’re everywhere. They’re called politicians.

This is Common Sense. I’m Paul Jacob.


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Illustration created with PicFinder and Firefly

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First Amendment rights national politics & policies partisanship

The Governor Who Parodied Himself

Political campaigns are hard. Presidential campaigns in which your Selected Candidate is mediocre at best are harder. So wouldn’t it be good to be able to outlaw all things that highlight this mediocrity?

Things like, say, effective parody?

This seems to be the thinking — I hope I’m channeling it accurately — of the governor of California, unhappy with a popular video available at the Mr Reagan YouTube channel.

The video’s maker may have thought he was covering every base by calling it a parody in the very title, an indignity of self-​labeling that Jonathan Swift would never have permitted. People consuming Swift’s satire were left to figure out for themselves that when he proposed that the children of poor people be eaten to render them “beneficial to the publick,” he was engaging in satire.

In contrast, the Kamela Harris campaign ad parody in question is called “Kamala Harris Campaign Ad Parody.” Clear. Unmistakable. 

Like the content.

Still, this video has not escaped the agenda of would-​be censors like Governor Gavin Newsom. The parody uses a “deepfake” AI-​generated voice that sounds like Harris. It’s even got the Harris Cackle. So Newsom wants to outlaw it.

“Manipulating a voice in an ‘ad’ like this one should be illegal,” he says. (Why?) “I’ll be signing a bill … to make sure it is.”

But as Reclaim the Net points out, California has already outlawed certain uses of deepfake media. 

These forbidden uses do not, however, include parody, which is constitutionally protected speech.

This is Common Sense. I’m Paul Jacob.


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Accountability government transparency national politics & policies

Deep State, Deeply Fake

Is there a good, presumptive reason to believe what the government tells us?

Not when it comes from the “intelligence” agencies.

One of the more breathtaking developments of recent years has been the transformation of Democratic Party politicians and activists from skeptics of alphabet soup intelligence agencies — CIA, NSA, FBI and many more — to becoming enthusiastic cheerleaders.

On the bright side, Republicans are drifting in the other direction, from their old-​fashioned lockstep support of “intelligence agencies” to a new realism — the relentless Deep State “coup” attempts against the Trump Administration having proved … instructive.

While we might wish to think that, whew!, these agencies are comprised of loyal Americans, consider what Senator Chuck Schumer said earlier this year, almost approvingly: “You take on the intelligence community — they have six ways from Sunday at getting back at you.”

But more important than all this is the developing techniques the Deep State can marshal. I refer to Deepfake tech, where anything video can be faked, convincingly and completely. If not now, then very soon, technicians within the Deep State — and outside, too — will be able to videofake anything, from Trump cavorting with Moscow hookers to an Iranian “attack” to … UFO landings.

We shouldn’t have trusted intelligence agencies in the run-​up to the Iraq conquest, now we have good reason to doubt anything and everything they tell us. 

Which means Congress should take very tight control of them, rein these agencies in — for Congress is indeed worried about deepfake tech.

How?

Well, de-​classifying old secrets might be a good start. The last bit of the JFK assassination files? Maybe. UFOs? Maybe. But it’s what’s not on our radar that may be the most important.

This is Common Sense. I’m Paul Jacob.


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deep fake, Donald Trump, Young Frankenstein,

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