Publication Date
Fall 6-25-2026
Abstract
As artificial intelligence continues to blur the boundary between fabrication and reality, defamatory deepfake election content poses a novel challenge to prior restraint jurisprudence. But if narrowly tailored, post-judgment injunctions prohibiting republication of defamatory deepfake election content can satisfy strict scrutiny in jurisdictions that treat such orders as prior restraints. When properly constrained, these injunctions are not censorship; they are remedies that prevent proven falsehoods from distorting democratic choice.
Recommended Citation
Romano, Joseph
(2026)
"Surviving Strict Scrutiny: Post-Judgment Injunctions for Deepfake Election Defamation,"
North East Journal of Legal Studies: Vol. 47, Article 1.
Available at:
https://digitalcommons.fairfield.edu/nealsb/vol47/iss1/1