Hey, so you’re gearing up for the 2026 primary elections here in Texas, right? Well, get ready for a whole new level of political drama. We’re talking about AI-generated stuff – images, videos, audio – that’s going to make it way harder to figure out what’s real and what’s not. As legal analysts at Ringo Legal, we’re seeing some serious constitutional and public policy questions popping up. It's not just about spotting a fake; it’s about protecting our elections and our rights. Misinformation has always been part of election season. But AI, or artificial intelligence, is changing the game. Remember that AI-generated video showing Jasmine Crockett and John Cornyn dancing? That was just a taste. This tech can create images, videos, and sounds that look and feel incredibly real. It's tough to tell the difference, and that's a big problem for how we run elections and ensure fair play. Now, here at the Texas Tribune, they've got strict rules: no AI for news content, and if they *have* to show an AI-generated image (because it’s news itself), they’ll watermark it. Social media platforms? Not so much. And that's where things get legally murky, fast. When AI can make a candidate appear to say or do something they never did, what are the legal consequences for those who create it, those who share it, and the platforms that host it? **The Legal Stakes: When Lies Become Election Interference** Think about it: if someone creates a fake video of a candidate making a terrible gaffe or a racist comment right before election day, what does that mean legally? We're not just talking about hurt feelings or a bad news cycle. This touches on core election integrity issues. Spreading false information intended to sway voters or damage a campaign can, in some cases, cross into election interference or even fraud. You can imagine the legal battles that will erupt over proving intent and impact. Did this deepfake actually change the outcome? That’s a tough legal mountain to climb. Then there's the whole defamation angle. If an AI deepfake spreads lies about a candidate, it could be libel. Defamation laws protect people from false statements that harm their reputation. But proving defamation for an AI-generated piece can be complicated. Who is accountable? The person who generated it? The person who first posted it? Everyone who shared it? The platform? Texas law, like many states, usually requires proof that the statement was false, harmed the person’s reputation, and was made with a certain level of fault (like malice, if the person is a public figure). Deepfakes add layers of technical difficulty to proving these elements. Imagine the discovery process trying to trace the digital origins of a viral AI video. And let's not forget the First Amendment. Freedom of speech is a cornerstone of our democracy, but it's not absolute. It doesn’t protect speech that constitutes fraud, incitement, or true threats. So, the question becomes: where do AI deepfakes, designed to deceive voters, fall on that spectrum? Courts will be grappling with how to balance protecting free expression with preventing sophisticated election manipulation. It’s a tightrope walk. You don't want to stifle legitimate political discourse, but you also don't want bad actors to weaponize technology to undermine the democratic process. Lawmakers in Texas and nationally are already exploring legislation to require disclosure for AI-generated campaign content. This is a public policy discussion that's happening right now, with major constitutional implications. **Your Role as a Citizen: Beyond Just a 'Like' or 'Share'** So, what do *you* do if you spot something fishy? It's not just about being informed; it's about being a responsible participant in our democracy. Your actions, or inactions, can have consequences, legally and civically. Sharing a deepfake you know is false could make you an accessory to spreading misinformation. Here’s what we recommend: **1. Check the Source and Context:** This is your first line of defense, and it's legally significant. If you’re ever called to testify about something you shared, the origin and context matter. Is the image or video attributed to a real photographer or news agency? Is it from a credible news outlet? For videos, are there other angles or similar footage from different reputable sources? Has the content been verified by experts? If you can't trace it, don't share it. Running a reverse image search (on Google, for instance) can show you where an image first popped up. That can help you figure out if it's been taken out of context or altered. You can even do it with video frames. **2. Look for AI's Glitches: The 'Tells' that Become Evidence** AI is getting good, but it’s not perfect. These imperfections could be key pieces of evidence in future legal challenges. Here’s what to look for: * **Hands and Fingers:** Early AI struggled with these. Are there five fingers? Do they look natural when holding something? Check the contours. * **Eyes:** MIT Media Lab points this out as a big one. Do shadows and reflections on glasses make sense? Does the person have a vacant stare? Are they blinking too much or too little? * **Faces and Skin:** Does the skin look too perfect, too artificial, or weirdly textured? Check teeth – are there too many? Are they stretched or misaligned? Hair can also look rigid or blend unnaturally. * **Backgrounds:** Do you see duplicated people or objects? Are things in the background blurry when they shouldn't be, or is text on signs unreadable? AI sometimes clones elements or messes up perspective. **3. Specialized Tools: Not Foolproof, But Helpful** There are some tools out there designed to help, but don't bet the farm on them. Hive Moderation, AI or not, and Image Whisperer can give you an estimate of whether AI created an image. InVID-WeVerify is a Chrome extension that helps trace content origins. Google’s Gemini chatbot can also tell you if content was generated with Google’s AI (which uses SynthID watermarks). Just remember, these tools can only identify *some* AI, not all, especially if it's from other companies. **4. Detecting AI in Video and Audio: The Toughest Challenge** Videos are getting scarier. Look at a person’s face: is the skin too smooth or too wrinkled for their apparent age? Do the eyes, eyebrows, and lighting look right? Does the body move naturally? Are lip movements synced with the audio? If it’s a politician, compare it to verified videos of them. Look for those duplicated background elements or missing body parts that AI sometimes produces. For videos, you can also use tools like Hive Moderation and InVID by splitting longer videos into shorter clips. Audio is probably the hardest. AI often struggles with natural pauses, intonation, and accents. If the quality is low or sounds robotic, that’s a red flag. Does the person breathe naturally during long sentences? Does the emphasis on words feel off? Compare it to other verified audio of the person. Tools like Hive Moderation, AI or Not, and ElevenLabs AI speech classifier (though only for ElevenLabs tech) can help. Hiya Deepfake Voice Detector analyzes audio in real time, which could be a powerful tool for rapid response. **The Road Ahead: Legal Battles and Policy Choices** For the 2026 elections, we're likely to see a flurry of legal challenges. Candidates might sue for defamation or seek injunctions to remove deepfakes. Election officials will be under pressure to clarify what constitutes illegal election interference. Social media companies will face scrutiny over their content moderation policies and their Section 230 protections. The public policy debate about how to regulate AI in political advertising without infringing on free speech is just getting started. It’s a complex and rapidly evolving area of law and technology. Your awareness and vigilance are more than just good practice; they are essential for preserving the integrity of our democratic process here in Texas. This isn't just news; it's a call to legal literacy for every voter.