Kohls v. Ellison
ACTIVE - Private challenge
Case Details
- Court:
- U.S. District Court, District of Minnesota
- Docket:
- 0:24-cv-03754
- Filed:
- July 27, 2024
- Status:
- Plaintiff:
- Christopher Kohls and Mary Franson
- Defendant:
- Keith Ellison (Minnesota Attorney General) and Chad Larson (County Attorney, Douglas County)
- Law Challenged:
- Minnesota Statute § 609.771 (Political Deepfakes Prohibition)
- Legal Theories:
-
- First Amendment (unlawful restriction of speech, facial and as-applied)
- Fourteenth Amendment (vagueness)
Summary
Parodist Christopher Kohls and Minnesota State Representative Mary Franson challenged Minnesota’s law criminalizing the dissemination of AI-generated political deepfakes within 90 days of a nominating convention or during the voting period. The statute prohibits knowingly distributing deepfakes with intent to injure a candidate or influence an election, with penalties up to 5 years imprisonment.Documents
- 📄 CourtListener Docket
- 📄 Complaint (PDF) (Jul 27, 2024)
- 📄 Order Denying Plaintiffs' Motion For a Preliminary Injunction (Jan 10, 2025)
Timeline
Jul 27, 2024
Complaint Filed
Plaintiffs filed lawsuit challenging constitutionality of Minnesota's deepfake law (Minn. Stat. § 609.771, enacted in 2023).
Oct 11, 2025
Motion for preliminary injunction filed
Plaintiffs ask that Minnesota be enjoined from enforcing the statuate.
Jan 10, 2025
Motion for preliminary injunction denied
The motion for preliminary injunction was denied because Kohls lacked standing for failing to allege that he posted content so realistic that a reasonable person would believe it depicts speech or conduct of an individual who did not engage in such speech or conduct. Franson had standing but delayed too long in seeking a preliminary injunction.
Feb 7, 2025
Notice of interlocutory appeal
Plaintiffs filed an interlocutory appeal to the Court of Appeals for the Eighth Circuit.
Mar 12, 2025
Order Staying Case
District court proceedings staying pending outcome of appeal.
Appeal
- Appellate Court:
- U.S. Court of Appeals, Eighth Circuit
- Appellate Docket:
- 25-1300
- Notice of Appeal Filed:
- February 12, 2025
- Appeal Status:
- Decided