Should AI Deepfakes Be Treated as Protected Political Speech? Live Debate in Phoenix

The latest PRO/CONversation from Open to Debate and Arizona State University's Institute of Politics

On November 13 in Phoenix, Open to Debate and Arizona State University's Institute of Politics kick off a new season of PRO/CONversations debates with the following question: "Should AI Deepfakes Be Treated as Protected Political Speech?" Produced by Arizona PBS in the Arizona State University Media Enterprise-which will air and promote the recorded programs-the series models civil discourse for students while offering journalism students hands-on production experience.

As deepfakes - images and videos generated using AI or other audio-video editing software - become increasingly realistic, they can now convincingly fabricate what political figures say and do, blurring the line between authentic expression and deliberate deception. With elections, public trust, and the First Amendment at stake, should political deepfakes receive constitutional protection? Does AI-generated speech create a new category of misinformation that needs to be legally corralled?

Arguing that AI deepfakes should be protected are American Sunlight Project founder Nina Jankowicz, an internationally-recognized expert on disinformation and democratization, and veteran First Amendment litigator Robert Corn-Revere, Chief Counsel of the Foundation for Individual Rights and Expression (FIRE). Arguing that AI deepfakes should not be protected are human rights lawyer Susan Benesch, founder of the Dangerous Speech Project, and legal scholar Ryan Calo, co-founder of the Center for an Informed Public, Society + Technology at the University of Washington.

The debate will take place on Friday, November 13, at 1:00 PM MST at the Walter Cronkite School of Journalism and Mass Communication at Arizona State University in Phoenix, AZ. Media are invited to attend and can email [email protected] for access. The event will be recorded for later broadcast on the Open to Debate public radio show and podcast. This follows last fall's inaugural debate in the PRO/CONversations series debating "Should America End Birthright Citizenship?"

DEBATER BIOS - ARGUING PRO

Nina Jankowicz: CEO of The American Sunlight Project; Former Executive Director of the Department of Homeland Security's Disinformation Governance Board
Nina Jankowicz is an internationally-recognized expert on disinformation and democratization, one of TIMEmagazine's 100 Most Influential People in AI, and the author of two books: "How to Lose the Information War," which The New Yorker called "a persuasive new book on disinformation as a geopolitical strategy," and "How to Be A Woman Online," an examination of online abuse and disinformation and tips for fighting back, which Publishers Weekly named "essential." Jankowicz writes a weekly newsletter on navigating the modern information environment, The Wayfinder, and hosts the podcast DISARMED: How the United States Gave Up the Fight Against Falsehoods. She is the co-founder of the American Sunlight Project, a non-profit focused on countering disinformation, and an adjunct professor at Syracuse University. Jankowicz has advised governments, international organizations, and tech companies, and testified before the U.S. Congress and the UK, Canadian, and European Parliaments.

Robert Corn-Revere: Chief Counsel of the Foundation for Individual Rights and Expression (FIRE)
Robert Corn-Revere is Chief Counsel of the Foundation for Individual Rights and Expression (FIRE). He has been a First Amendment litigator for more than four decades and has argued numerous cases in courts across the United States, including the Supreme Court. He is regularly listed as a leading First Amendment and media law practitioner by The Best Lawyers in America, SuperLawyers Washington, D.C., and by Chambers USA. Best Lawyers in America named him as Washington, D.C.'s 2017 "Lawyer of the Year" in the areas of First Amendment Law and Litigation - First Amendment. He was again named as Best Lawyers' "Lawyer of the Year" for First Amendment Law for 2019 and 2021, and in Media Law for 2022. He is listed in Washingtonian Magazine's Top Lawyers Hall of Fame for Lifetime Achievement. Before joining FIRE in 2023, Corn-Revere was a partner at Davis Wright Tremaine for 20 years, and before that, a partner at Hogan & Hartson. Earlier in his career he served as legal advisor and later chief counsel to Federal Communications Commission Chairman James H. Quello. His published books include "The Mind of the Censor and the Eye of the Beholder: The First Amendment and the Censor's Dilemma" and co-authorship of "Modern Communication Law," a three-volume treatise on communications law. In 2003, he successfully petitioned Governor George E. Pataki to grant the first posthumous pardon in New York history to the late comedian Lenny Bruce, who was convicted for "obscene" comedy routines.

DEBATER BIOS - ARGUING CON

Susan Benesch: Founder and Director of the Dangerous Speech Project
Susan Benesch, Faculty Associate of the Berkman Klein Center for Internet and Society at Harvard University, teaches human rights at American University's School of International Service and directs the Dangerous Speech Project. Susan has taught human rights and refugee law at Georgetown and Princeton, among other universities, and has lectured at schools including Yale, Duke, Johns Hopkins, Virginia, and Humboldt University in Berlin. A human rights lawyer trained at Yale, she has also worked for the Center for Justice and Accountability, Amnesty International, and the Lawyers Committee for Human Rights (now Human Rights First). Her interest in speech dates back to her first career as a journalist. Before law school, she was chief staff writer for the Miami Herald in Haiti. She also covered wars in El Salvador, Nicaragua, and Guatemala, and reported from many countries for The New Republic, the Columbia Journalism Review, and the Crimes of War website, among other publications.

Ryan Calo: Legal Scholar and Co-founder of the Center for an Informed Public, Society + Technology at UW, and the Tech Policy Lab at the University of Washington
Ryan Calo is the Virginia and Prentice Bloedel Professor at the University of Washington. He co-founded the interdisciplinary UW Tech Policy Lab, the Society + Technology at UW initiative, and the UW Center for an Informed Public. Calo holds a joint appointment at the Information School and an adjunct appointment at the Paul G. Allen School of Computer Science and Engineering.

Calo's research on law and emerging technology appears in leading law reviews and technical publications. His work has been translated into five languages and is frequently referenced by the national media. Calo has testified four times before the U.S. Senate. He is the author, most recently, of "Law and Technology: A Methodical Approach."

Calo is a board member of the Electronic Information Privacy Center and the literary organizations Hugo House and The Frost Place. He serves on the steering committee of Stanford A100 and We Robot, an annual robotics and law conference which he co-founded, as well as the advisory boards of the Electronic Frontier Foundation, the Schwartz Reisman Institute, and other organizations. He also serves as a privacy judge for the World Bank. In 2026, he was selected as a Top 50 Legal Innovator in Academia by the National Law Review.

About the PRO/CONversations Series
The PRO/CONversations series is a partnership between Open to Debate and Arizona State University's Institute of Politics that brings live debate programming to ASU's campus. Produced by Arizona PBS in the Arizona State University Media Enterprise-which will air and promote the recorded programs-the series is designed to model civil discourse for students while offering hands-on production experience to ASU journalism students.

Open to Debate:
Open to Debate addresses a fundamental problem in America: the extreme polarization of our nation and our politics. We are the nation's only nonpartisan, debate-driven media organization dedicated to bringing multiple viewpoints together for a constructive, balanced, respectful exchange of ideas. Open to Debate is a platform for intellectually curious and open-minded people to engage with others holding opposing views on complex issues. We know debate works to find common ground: On average, 32% of the Open to Debate audience changes their mind on contentious topics after hearing a debate. That's the power of debate done right, and at scale, it can change the direction we're headed in America. Open to Debate is broadcast as a weekly public radio program, carried on NPR stations including WNYC (#1 in the nation). Open to Debate is made available as a podcast, video series, and digital platform, and records episodes with live audiences nationwide. Learn more at opentodebate.org, and subscribe to Open to Debate's Substack to access more than 350 debate archives, explore exclusive content, and engage with our community.

The ASU Institute of Politics:
The ASU Institute of Politics, an initiative of the Office of the Executive Vice President and University Provost, is dedicated to cultivating the next generation of public service leaders. Led by Arizona native and former U.S. senator, congressman, and ambassador to Turkey Jeff Flake, the IOP offers nonpartisan programming that equips ASU students-both on campus and online-with the knowledge, skills, and networks to pursue impactful careers in politics, public policy, and public service. Through on-campus events and off-campus internships, students gain direct exposure to Washington, D.C., civic leadership, and democracy in action.

Arizona PBS:
Arizona PBS is one of the nation's leading public media organizations, with four broadcast channels and a growing array of digital platforms. A trusted community resource for nearly 60 years, our station fosters lifelong learning through quality programming, in-depth news coverage and critical educational outreach services. Our signal reaches 80% of homes in Arizona, delivering news, science, arts and children's programming to over 1 million households each week.

For more information on Open to Debate, please contact Ray Padgett ( [email protected] ) at Shore Fire Media.