bbieron@platformeconomyinsights.com

Federal Court Rejects Appeal to Block Minnesota Political Deepfake Law

Feb 21, 2026

Report from MPR News

In Brief – A three-judge panel of the US 8th Circuit Court of Appeals has declined to block a Minnesota law enacted in 2023 that bans the use of deepfake technology to influence elections, siding with the lower court that the two plaintiffs lacked standing to block the measure. The law targets artificially generated video, audio, or still images created without a person’s consent and intended to harm a candidate or influence election outcomes. In September 2024, a conservative commentator who released an AI-generated parody video depicting then–Vice President Kamala Harris, and a Republican state representative who shared the video on social media, filed a federal lawsuit to block the law as a violation of the First Amendment. District Judge Laura Provinzino rejected the pair’s request for a preliminary injunction blocking the law while the litigation proceeded, ruling that the content creator lacked standing because his video was properly labeled as a parody and so was exempt from the law’s restrictions, while the state legislator failed to act in a timely manner. The appellate panel upheld those decisions, adding that the state legislator waited 16 months to seek relief and had supported the law when it passed. The case now returns to federal district court for consideration on its merits.

Context – Non-consensual pornography and election “disinformation” are the most cited potential harms from AI-related deepfakes. Although the biggest AI developers have agreed to identify and label AI-generated images created by their services, AI “watermarking” is considered of limited value by many experts because it can be circumvented and there are AI tools that don’t use the technology. More than 20 states have enacted legislation targeting election deepfakes, but none have been enforced, including in Minnesota. Meanwhile, unlike in Minnesota, California’s 2024 election deepfake law was quickly challenged and blocked by a federal judge. In Minnesota, after the initial district court ruling rejecting the injunction, X sued to block enforcement of the law, but its motion was also rejected by Judge Provinzino for lacking standing.

View By Monthly
Latest Blog
Italy’s Competition Authority Opens DMA Probe of Apple Cloud Policies

Report from EU Today In Brief – Italy’s competition authority has announced an investigation into whether Apple is complying with interoperability requirements of Article 6 the EU’s Digital Markets Act (DMA), marking the national regulator’s first probe under the...

Coupang Issued Record $410 Million Data Breach Fine in South Korea

Report from the Wall Street Journal In Brief – South Korea's Personal Information Protection Commission (PIPC), the country’s data protection authority, has imposed a record 624.7 billion won ($410 million) fine on ecommerce giant Coupang, often referred to as Korea’s...

Florida Sues TikTok Under Law Regulating Social Media for Young Teens

Report from Politico In Brief – Florida’s Attorney General James Uthmeier (R), who has staked out a reputation as an aggressive conservative critic of digital platforms, has sued TikTok alleging that the platform deceived parents, exposed minors to harmful content,...

Ohio Court Rejects Argument that Google Search is a Common Carrier

Report from MediaPost In Brief – An Ohio appeals court has thoroughly rejected former Ohio Attorney General David Yost’s effort to revive a lawsuit seeking to classify Google as a common carrier and subject its search engine to state regulation. The case, initiated in...

UK Announces Plan for Social Media Age Limit and Restrictions

Report from Reuters In Brief – UK Prime Minister Keir Starmer has announced plans to ban social media use for children under 16 and impose new restrictions on gaming and livestreaming platforms, which could include overnight curfews and restrictions on infinite...

Platform Economy Insights produces a short email four times a week that reviews two top stories with concise analysis. It is the best way to keep on top of the news you should know. Sign up for this free email here.

* indicates required