Policy & Ethicsdeepfake regulationelection integrityfree speechjudicial decision
Eighth Circuit Upholds Denial Of Deepfake Injunction
7.3
The Eighth Circuit ruled in Kohls v. Ellison, upholding a district court's denial of preliminary injunctions challenging Minnesota's May 2023 deep-fake law. The court held that parody videos labeled as such are not 'deep fakes' for Article III standing, while legislator Franson had standing but was denied preliminary relief due to an unexplained sixteen-month delay; merits remain for further proceedings.
Key Points
- 1Finds labeled parody videos not 'deep fakes' under Minnesota statute, negating Kohls' standing
- 2Affirms Franson's standing because she reshared unlabeled deep-fake content potentially meeting statutory definition
- 3Denies preliminary relief for delay, signaling courts weigh prompt challenges before addressing merits
Scoring Rationale
Federal appellate ruling clarifies standing and enforcement risks for deepfake content, limited by single-state statute and preliminary-relief posture.
Sources
Public references used for this report.
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