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The ACLU justifies the constitutional right to create deepfakes based on First Amendment protections of free speech. They argue that once a piece of legal speech exists, such as a deepfake, the government has strict limits on when and why it can be suppressed. This perspective is rooted in the idea that both the right to speak and the right to listen are essential components of free expression. The ACLU contends that many proposed laws to regulate deepfakes do not meet constitutional standards because they could suppress free speech, particularly if they are not narrowly tailored and overreach in their restrictions[1][4].

The ACLU acknowledges the potential harms of deepfakes, such as political misinformation and nonconsensual pornography, but they believe existing laws, like anti-harassment statutes, can address many of these issues without infringing on free speech rights. They support narrowly tailored regulations against specific harms, like voter suppression through misinformation about election details, but maintain that broader restrictions on deepfakes could set a dangerous precedent for government censorship[1][4].

The organization draws parallels to past legal defenses of controversial speech, such as their support for the Westboro Baptist Church's right to protest, to illustrate their commitment to protecting speech rights even when the content is disagreeable. They argue that allowing the government to suppress deepfakes could lead to misuse of such powers to suppress truthful speech, particularly by authoritarian figures[1][4].

Citations: [1] https://ediscoverytoday.com/2024/07/30/constitutional-right-to-make-deepfakes-the-aclu-says-yes-artificial-intelligence-trends/ [2] https://www.reddit.com/r/MediaSynthesis/comments/1eiqw1t/the_aclu_fights_for_your_constitutional_right_to/ [3] [4] https://www.wired.com/story/aclu-artificial-intelligence-deepfakes-free-speech/ [5] https://www.reddit.com/r/law/comments/1eb15an/the_aclu_fights_for_your_constitutional_right_to/