Tracker Detail
Kohls v. Bonta
Name | Type | Government | Date Initiated | Status | Last Updated |
|---|---|---|---|---|---|
Kohls v. Bonta | Litigation | United States | Sep 17, 2024 | Preliminary Injunction | Oct 25, 2024 |
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.
January 15, 2025. Deadline for plaintiffs' opening briefs for summary judgment.
March 12, 2025. Deadline for defendants' opposing briefs and cross-motion for summary judgment.
April 11, 2025. Deadline for plaintiffs' consolidated opposition and reply briefs.
May 2, 2025. Deadline for defendants' reply brief.
Additional Resources
Kohls v. Bonta (2:24-cv-02527) - CourtListener
