Kohls v. Ellison
Case Attorney: Alexandra Howell
Defending Political Speech in the Age of AI
The Upper Midwest Law Center, alongside the Hamilton Lincoln Law Institute, filed this lawsuit challenging a Minnesota law that criminalizes certain AI-generated political content.
The case centers on a viral parody video created by online commentator “Mr. Reagan,” who used an AI-generated voice to satirize Vice President Kamala Harris. The video was labeled as parody and widely shared online. UMLC also represents State Representative Mary Franson, who shared the video as part of her political communication.
Under Minnesota law, that activity could be treated as a crime.
The Law at Issue
Minnesota Statute § 609.771 prohibits certain “realistic” AI-generated content about political candidates without their consent in the lead-up to an election.
The law:
- Criminalizes some AI-generated political content
- Includes no clear exception for parody or satire
- Allows for penalties that could impact a candidate’s ability to hold office
Why This Case Matters
This case asks whether the government can restrict core political speech simply because it uses new technology.
UMLC argues the law violates the First Amendment by chilling lawful expression—from satire and commentary to everyday political speech shared online.
What the Lawsuit Seeks
- The lawsuit asks the court to:
- Declare the law unconstitutional
- Block its enforcement
- Protect the right to engage in political speech, including parody