All posts by Rick Hasen

Federal Court in Kohls v. Bonta, in Striking Down California Deep Fake Law on First Amendment Grounds, Sees Constitutional Path for More Narrowly Tailored Laws Aimed at False Statements About When, Where, and How People Vote

campaigns, First Amendment theory
Via Eugene Volokh (who is cited in the court’s opinion), here’s a snippet from Kohls v. Bonta: AB 2839 regulates a broad spectrum of election-related content that is “materially deceptive” and permits any recipient of this content to sue… Continue reading

With Louisiana Essentially Flipping Sides in Callais Case Before Supreme Court and Arguing Section 2 of the Voting Rights Act is Unconstitutional, Full Defense Shifts to Voting Rights Groups

Supreme Court, Voting Rights Act
As noted yesterday, Louisiana essentially flipped sides in the Lousiana v. Callais case. In an earlier brief, Louisiana argued that its congressional districts were not a racial gerrymander because politics, rather than race, predominated in drawing district lines. Now… Continue reading