On Monday, Daily Wire Editor-at-Large Josh Hammer, who is also a constitutional attorney by training, joined “Tipping Point With Liz Wheeler” on One America News Network to discuss California’s recent passing of a law banning so-called “deep fake” videos when those videos are aired close to an election. As explained by The Verge, California’s law “makes it a crime to distribute [within 60 days of an election] audio or video that gives a false, damaging impression of a politician’s words or actions.” However, as The Verge continues to explain, “[p]otentially deceptive video or audio will also be allowed if it includes a disclaimer noting that it’s fake.”
The issue, as it appeared to Wheeler and Hammer, is the danger of politicians delegating power to judges to ban forms of audio or video that they, using their discretion, determine to be deceptive. Wheeler and Hammer both discussed the example of David Daleiden and the Center for Medical Progress, whose videos exposing systemic corruption at Planned Parenthood were decried for years by the Left as “deceptively edited” before the U.S. Court of Appeals for the Fifth Circuit stated, in a footnote earlier this year, that the videos were not deceptively edited. As Hammer reported at the time for The Daily Wire, the Fifth Circuit opinion’s sixth footnote reads:
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