Abstract
Elections are now taking place in the era of widespread, accessible artificial intelligence (AI) tools, and 20 states have passed laws aimed at curbing the spread of false photos, videos, and audio of candidates. The authors review deepfake and AI technology and legislative efforts to regulate them, finding strong First Amendment protection for false political speech stemming from the Supreme Court’s decision in U.S. v. Alvarez. Provisions in state laws such as prior restraints, electioneering rules, exemptions for parody and satire, and mandatory disclaimers are reviewed, and the authors find that most face significant First Amendment hurdles. As an alternative, the authors conclude with technological solutions such as digital watermarking by AI companies and labeling by online services facilitating distribution.