Kohls v. Bonta
Case Details
- Court:
- U.S. District Court, Eastern District of California
- Docket:
- 2:24-cv-02527-JAM-CKD
- Filed:
- September 17, 2024
- Status:
- California filed appeal to Ninth Circuit
- Plaintiff:
- Christopher Kohls, consolidated with cases filed by The Babylon Bee, Kelly Chang Rickert, Rumble Inc., Rumble Canada Inc., and X Corp.
- Defendant:
- Rob Bonta (California Attorney General) and Shirley N. Weber (California Secretary of State)
- Laws Challenged:
-
California AB 2839 (Elections: Deceptive Media in Advertisements)
California AB 2655 (Defending Democracy from Deepfake Deception Act) - Legal Theories:
-
- First Amendment (content-based speech restriction, compelled speech)
- Fourteenth Amendment (vagueness)
- California Constitution (free speech)
- Preemption by 47 U.S.C. § 230
Summary
Christopher Kohls, a social media content creator known as “Mr. Reagan,” challenged California’s laws regulating AI-generated election content. AB 2839 prohibits “materially deceptive” deepfakes about candidates within 120 days before and 60 days after an election, with limited exceptions for satire that require large disclosure labels. AB 2655 requires social media platforms to remove such content.
The district court granted a preliminary injunction in October 2024 on AB 2839, finding that it likely violated the First Amendment by restricting core political speech. On August 29, 2025, the court entered a stipulation that AB 2655 was preempted by Section 230 and entered summary judgment for the plaintiffs, permanently enjoining enforcement of AB 2839. California appealed to the Ninth Circuit.
Documents
- 📄 CourtListener Docket
- 📄 Complaint (Sep 17, 2024)
- 📄 Grant of preliminary injunction (Oct 2, 2024)
- 📄 Summary judgment order (Aug 29, 2025)
Timeline
Bills signed into law
Govenor Newsom signs both challenged bills into law. AB 2839 is immediately effective and AB 2655 effective January 1, 2025.
Complaint filed
Kohls filed lawsuit same day Governor Newsom signed AB 2839 and AB 2655 into law.
Motion for Preliminary Injunction filed
Kohls filed motion for preliminary injunction to block enforcement of AB 2839.
Preliminary injunction granted
Court granted preliminary injunction, finding AB 2839 likely violates First Amendment as content-based restriction on political speech.
Cases consolidated
Kohls v. Bonta consolidated with The Babylon Bee and Kelly Chang Rickert v. Bonta.
Cases consolidated
Kohls v. Bonta consolidated with X Corp.'s and Rumble, Inc.'s complaints against AB 2655.
Stay on AB 2655
Court ordered California to stay enforcement of AB 2655 in its entirety.
Motion for summary judgment
Plaintiffs Kohls, Rickert, The Babylon Bee and X Corp. file motion for summary judgment that AB 2839 is unconstitutional.
Motion for summary judgment
Defendants Bonta and Weber file motion for summary judgment on all claims.
Oral argument
Court hears oral argument on cross-motions.
Stipulation and Order
Parties stipulate that AB 2655 is preempted by Section 230 and defendants agree not to enforce it.
Summary judgment for plaintiffs
Court permanently enjoined enforcement of AB 2839, finding it violates the First Amendment facially and as applied, violates the California Constitution, and is unconstitutionally vague under the Fourteenth Amendment.
California files appeal
California Attorney General filed notice of appeal to Ninth Circuit.