Yes, social media platforms are not bound by the First Amendment, but any law that compels platforms to remove depfakes would apply to the Trump/Musk video. Meaning that many of us would have never ended up seeing the video.
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If the law had a carve-out for videos of "public figures," then a platform could leave the video up. But that means that it could also leave up a deepfake of Taylor Swift, or AOC.
It's a messy and unsettling problem. And I don't think people are talking about it enough.
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It's a messy and unsettling problem. And I don't think people are talking about it enough.