Maryland’s proposed deepfake criminalization threatens the First Amendment

A version of the following public comment was submitted to the Maryland House Government, Labor, and Elections Committee on February 4, 2026.

We share the same goal as House Bill 145's (HB 145) sponsor: to protect individuals' identities online. But HB 145 seeks to criminalize AI content based on subjectively defined terms such as election-related "deepfakes." Imposing a misdemeanor penalty with a fine of up to $5,000 and a possible five-year prison sentence for violations threatens core First Amendment protections by empowering the state to deem everyday Marylanders' AI creations to be criminal election disinformation, rather than protected political expression. Despite its intent, we feel these provisions could ultimately lead courts to overturn HB145.

While the bill does have a vaguely defined exception for parody and satire, that distinction would grant the state the power to evaluate a deepfake publisher's intent and potentially prosecute them based on that interpretation. That would, in essence, chill political speech, one of the most constitutionally protected forms of speech, in Maryland.

Other approaches have been more successful in protecting individuals online without compromising First Amendment protections. For example, a disclosure-based approach, such as that adopted by Utah's House Bill 329, would narrow regulation to clearly identifiable paid political advertising. This approach would require political operatives, such as candidates, campaigns, and PACs, to disclose that AI is used in an advertisement. By tying obligations to members of the already-highly-regulated elections apparatus, lawmakers can target the highest-risk, highest-reach uses of AI without empowering the state to dissect the intent behind everyday Marylanders' online content. This model would also fit more comfortably within existing campaign finance and disclaimer frameworks, making compliance clearer for regulated entities and enforcement more predictable and less intrusive.

We urge this committee to consider shifting from HB 145's current framework of vague and likely unconstitutional deepfake criminalization and instead consider one that would expand existing campaign laws while leaving everyday Marylanders' speech free.