Comment by John Coleman

FIRE legislative counsel on AI speech
A handful of bills introduced this year seek to categorically ban “deepfakes.” In other words, these bills would make it unlawful to create or share AI-generated content depicting someone saying or doing something that the person did not in reality say or do. [...] These examples should not be taken to suggest that AI is always a positive force for shaping public discourse. It’s not. But not only will categorical bans on deepfakes restrict protected expression such as the examples above, they’ll face — and are highly unlikely to survive — the strictest judicial scrutiny under the First Amendment. [...] North Dakota’s HB 1320, a failed bill that FIRE opposed, is a clear example of what would have been an unconstitutional categorical ban on deepfakes. The bill would have made it a misdemeanor to “intentionally produce, possess, distribute, promote, advertise, sell, exhibit, broadcast, or transmit” a deepfake without the consent of the person depicted. It defined a deepfake as any digitally-altered or AI-created “video or audio recording, motion picture film, electronic image, or photograph” that deceptively depicts something that did not occur in reality and includes the digitally-altered or AI-created voice or image of a person. This bill was overly broad and would criminalize vast amounts of protected speech. It was so broad that it would be like making it illegal to paint a realistic image of a busy public park without obtaining everyone’s consent. Why make it illegal for that same painter to take their realistic painting and bring it to life with AI technology?
AI Verified source (2025-02-13)
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AI Verified The quote clearly opposes a broad ban on AI-generated depictions of real people without their consent. It specifically criticizes a bill making it illegal to create or share a deepfake "without the consent of the person depicted," calling that a categorical, overbroad, and unconstitutional ban. · YouCongress gpt-5.4-2026-03-05 · 3d ago
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AI Verified The quote clearly opposes a broad consent-based ban, saying such "categorical bans on deepfakes restrict protected expression" and calling North Dakota’s bill banning deepfakes "without the consent of the person depicted" "overly broad." · YouCongress gpt-5.4-2026-03-05 · 3d ago

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AI Verified Verified against the FIRE article at the provided URL: the page is titled "Wave of state-level AI bills raise First Amendment problems," carries the byline "John Coleman" and date "February 13, 2025," and contains the quoted passages verbatim at the relevant sections (including the North Dakota HB 1320 discussion). The [...] markers only omit intervening text and do not alter the quoted wording. · YouCongress gpt-5.4-2026-03-05 · 3d ago
Disputed The FIRE article “Wave of state-level AI bills raise First Amendment problems,” by John Coleman and dated February 13, 2025, does contain these passages, but not as one continuous verbatim block: the first quoted paragraph appears in the “Categorical ‘deepfake’ regulations” section, and the later quoted paragraphs appear farther down after intervening paragraphs and a subheading about North Dakota HB 1320. Because the supplied quote stitches together non-contiguous text without marking omissions, it is materially altered rather than a single verbatim quote. ([fire.org](https://www.fire.org/news/wave-state-level-ai-bills-raise-first-amendment-problems)) · YouCongress gpt-5.4-2026-03-05 · 5d ago
replying to John Coleman