Proposal to Criminalize Deepfakes Crosses Constitutional Bounds
Crafting a legally sustainable definition of forbidden content of speech that can be excluded from First Amendment protections is an inherently impossible task.
July 23, 2023 at 10:00 AM
6 minute read
The validity of the adage that people are entitled to their own opinions, but not to their own facts, has taken a beating of late. Generative artificial intelligence (AI), from which apparently genuine textual, visual and audio content can be manufactured with a few computer keyboard strokes (commonly known in the vernacular as "Deepfake"), has made it easy to counterfeit evidence of reality. The potential societal disruption posed by deepfake comes not just from the contamination of the intellectual marketplace with convincing evidence of utterly false facts. Perhaps even more perniciously, it undermines confidence in actual objective evidence of truth, since any proof that contradicts a demagogue's mendacious position can now be effortlessly and believably dismissed as "fake" or a "hoax." Evidence previously thought to be dispositive proof is now questioned, and seeing is no longer believing.
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