Surviving Strict Scrutiny: Post-Judgment Injunctions for Deepfake Election Defamation

As artificial intelligence continues to blur the boundary between fabrication and reality, defamatory deepfake election content poses a novel challenge to prior restraint jurisprudence. But if narrowly tailored, post-judgment injunctions prohibiting republication of defamatory deepfake election content can satisfy strict scrutiny in jurisdictions that treat such orders as prior restraints. When properly constrained, these injunctions are not censorship; they are remedies that prevent proven falsehoods from distorting democratic choice.