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Gov. Hochul’s crackdown on AI-generated ‘political speech’ won’t pass the First Amendment test

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21.02.2026

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Gov. Hochul’s crackdown on AI-generated ‘political speech’ won’t pass the First Amendment test

Memelord governors are coming for your unhinged political brainrot.

Despite being an avid user of AI when it suits her online presence, Gov. Kathy Hochul has made cracking down on AI-generated political speech a priority. Post an AI-generated picture of a candidate in a prison jumpsuit? The governor’s coming after “fraudsters” like you.  

Her plan involves banning the distribution of “materially deceptive media” about a candidate, posted without their consent and within 90 days of an election, if it is shared to “influence the result of an election.”

Translation: If you use AI to make political statements during election season, you’d best keep your mouth shut if you want to evade New York’s proposed scheme to turn courts into Ministries of Truth. 

Thankfully, Hochul’s cure for AI-assisted political speech won’t fly under the First Amendment.

In a free society, people exaggerate and get things wrong all the time. That’s allowed because the First Amendment doesn’t permit the government to punish speech just because it’s false, misleading or hyperbolic. Otherwise, fear of jail time or........

© New York Post