States split on deepfakes: NCSL warns many laws face First Amendment tests

Feb 20, 2026

NCSL told Nevada lawmakers most states opt for disclosure requirements for AI-generated political media, while a minority use prohibitions; recent cases in California and Hawaii have resulted in injunctions against broadly worded laws.

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The National Conference of State Legislatures told Nevada’s interim committee that states have taken different routes to regulate AI-generated campaign content — with the majority using disclosure requirements and a few adopting election‑period prohibitions.

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