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ok, the message I sent did not cut and paste here. i'll try again.

re AI Transparency in Elections Act , constitutional concerns.

I read this morning about your proposed bill. I am wondering whether your office has studied the constitutionality of the bill and has any materials on that topic you could send me. Offhand, it seems in direct conflict with 303 LLC v Elenis, last summer's opinion re-iterating the court's long held position that the government may not compel speech such as disclaimers. During the past year I have twice filed ethical complaints against Minnesota election officials who were attempting to enforce a void disclaimer statute at the state level. Cases such as Riley v Jankowski, and Kelly, are the relevant Minnesota cases, while the controlling SCOTUS cases include Barnette (State can't make Jehovah's witnesses pray to the flag) Talley v California (racist disclaimer rules void under first amendment), McIntyre v Ohio (sexist disclaimer rules void under first amendment), NAACP v Alabama (racist disclosure law void under right to privacy.)

[also cc'd senator murkowski]

I share your concern about deepfake political ads. It's a genuine problem . But an unconstitutional bill that gets struck down by the courts won't help. Do you want to set up another Citizens United? Anyway, please send me any briefing memos or whatever that would show me your office has written the bill to take into account these factors. Thank you in advance. It would also be helpful for me to know if there is a particular staffer who is working on this legislation.

soapbox

Thursday, March 07, 2024

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