In a blow to California Governor Gavin Newsom’s crusade against disinformation, a federal judge just struck down the state’s controversial AB 2839, the so-called “meme ban.” Judge John A. Mendez of the U.S. District Court for the Eastern District of California ruled the law unconstitutional, calling it an overreach that trampled on the First Amendment. The ruling is a major win for free speech advocates and a solid rebuke to California’s overzealous efforts to regulate political content online.
The case was spearheaded by Christopher Kohls, known online as “Mr. Reagan,” a social media influencer famous for his political satire and parody videos. Kohls argued that AB 2839 put the brakes on his right to free expression by slapping penalties on digitally altered political content—think AI-generated videos and deepfakes—that could “reasonably harm” a candidate’s reputation. The law didn’t stop there. It also required creators like Kohls to plaster giant disclaimers all over their satirical videos, branding them as “deceptive” media. In other words, it forced anyone with a sense of humor about politics to carry a legal warning label. Kohls wasn’t having it, and neither was Judge Mendez.
In his ruling, Mendez made it crystal clear that AB 2839 was over the line. He criticized the law as too broad, stating it failed to walk the fine line between fighting disinformation and protecting free speech. “AB 2839 acts as a hammer instead of a scalpel,” Mendez said, pointing out that the law hobbled political satire and other forms of humorous expression. By requiring heavy-handed disclaimers, the law didn’t just regulate speech—it drowned it out, which Mendez said amounted to an unconstitutional form of compelled speech.
The ruling shines a spotlight on just how vital free speech—*even uncomfortable or false political speech*—is to a healthy democracy. Mendez reaffirmed that the First Amendment protects political speech, noting that “even deliberately false speech about government officials is protected under the Constitution.” His decision is a reminder that government overreach, especially in the name of “protecting” the public, can backfire when it collides with constitutional rights.
Governor Newsom and California legislators had pitched AB 2839 as a way to combat disinformation, particularly in the age of deepfakes and AI. But Judge Mendez wasn’t buying it, arguing that less restrictive measures, like public education and counter-speech, could tackle the issue without trampling on the First Amendment. For now, AB 2839 is dead in the water, though California is expected to appeal. The stage is set for a showdown in the Ninth Circuit Court of Appeals, but for now, satire and political commentary are safe from the long arm of the state—at least in California.
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