Tracker Detail
Kohls Et Al. v. Bonta
Name | Type | Government | Date Initiated | Status | Last Updated |
|---|---|---|---|---|---|
Kohls Et Al. v. Bonta | Litigation | United States | Sep 17, 2024 | Preliminary Injunction | Jan 3, 2025 |
Summary
In response to the passage of California AB.2655 and AB.2839, Christopher Kohls, the creator of a deceptive AI-generated video that involved Vice President Harris and was promoted by Elon Musk on X, filed a complaint challenging the constitutionality of the two laws. The laws restrict the sharing of deceptive content and deepfakes related to elections. The complaint, filed in the US Eastern District Court of California, seeks to enjoin the enforcement of the laws and declare them "unconstitutional in violation of both the First and Fourteenth Amendments of the United States Constitution and Article I, § 2 of the California Constitution."
Updates
September 18, 2024. Plaintiff Christopher Kohls filed a motion for preliminary injunction. The Hamilton Lincoln Law Insitute filed a memorandum in support of the motion.
September 27, 2024. Protect Democracy filed an amicus brief urging the court not to "short-circuit the ongoing development of common-sense and constitutionally-permissible regulations of deepfakes that have the potential to upend elections."
October 2, 2024. The District Court issued a preliminary injunction blocking the enforcement of AB 2839 on the grounds that "AB 2839 does not pass constitutional scrutiny because the law does not use the least restrictive means available for advancing the State’s interest here." The decision added, "As Plaintiffs persuasively argue, counter speech is a less restrictive alternative to prohibiting videos such as those posted by Plaintiff, no matter how offensive or inappropriate someone may find them."
October 18, 2024. The District Court ruled that The Babylon Bee, LLC, and Kelly Chang Rickert v. Rob Bonta is a related case and it is reassigned to Judge John A. Mendez and Magistrate Judge Carolyn K. Delaney. It is not, however, consolidated with Kohls v. Bonta.
October 22, 2024. Plaintiff Christopher Kohl filed a request to consolidate his suit with The Babylon Bee, LLC, et al. v. Bonta.
October 25, 2024. Kohls v. Bonta and The Babylon Bee, LLC, et al. v. Bonta are consolidated, and a preliminary injunction is issued for the Babylon Bee et al. case as well.
November 14, 2024. X Corp filed a complaint challenging the constitutionality and validity of California Assembly Bill No. 2655 (AB.2655). The complaint alleges that the law "imposes a system of prior restrain on speech" in violation of the First Amendment and "runs counter to the First Amendment's... protection of core political speech."
December 27, 2024. The District Court consolidated X's complaint against AB.2655 into this case. Plaintiffs in the consolidated case include Christopher Kohls, The Babylon Bee, Rumble Inc., and X Corp.
January 3, 2025. The District Court ordered the state of California to stay enforcement of AB.2655 in its entirety.
Additional Resources
Kohls v. Bonta (2:24-cv-02527) - CourtListener
