How does the First Amendment apply to ‘deepfakes’?

Source: Foundation for Individual Rights and Expression
by Tyler Tone

“The NO FAKES Act, which recently advanced out of the Senate Judiciary Committee with unanimous support, would offer a right to seek damages over an unauthorized digital replica of one’s likeness. The bill’s ‘one-pager’ summary points to some of the biggest examples that have inspired worry about deepfakes: an AI-generated version of Tom Hanks used for ‘advertisements for a dental plan that he never appeared in,’ for one example, and a principal at a Baltimore, Maryland, high school ‘framed as a racist by an AI-generated recording of his voice,’ for another. The bill promises to cover both. But proposals targeting deepfakes also sweep in the protected use of AI depictions for news, commentary, and, notably, parodies of public figures and elected officials.” (07/29/26)

https://www.fire.org/news/how-does-first-amendment-apply-deepfakes