> In an 8–0 decision, the Court ruled in favor of Hustler magazine, holding that a parody ad published in the magazine depicting televangelist and political commentator Jerry Falwell Sr. as an incestuous drunk, was protected speech since Falwell was a public figure and the parody could not have been reasonably considered believable.
The post you're replying to explicitly talks about convincing deepfakes. Also, Falwell was a televangelist and political commentator, not a senator. So I don't think this court case is a good example.
[1]: https://en.wikipedia.org/wiki/Hustler_Magazine_v._Falwell
Well that gave me a good chuckle! The fact that a supreme judge is appointed by the sitting president and confirmed by the Senate means that they can push whatever dogma the ruling party has.
No. This isn't a new area of law. Legal "Deepfakes" have been around a long while. There is even a supreme court case covering the matter: Falwell, 1988. That involved a fake interview with Billy Graham, using his image and putting words in his mouth. If the 1988 supreme court wouldn't protect the reputation of a national religious leader, they aren't going to do so for politicians today.
https://en.wikipedia.org/wiki/Hustler_Magazine_v._Falwell
This is from the movie, but it is accurate to what was said. This interaction really did change supreme court procedure, introducing a far less formal back-and-forth oral argument. Jokes were almost unheard of before this case.
https://www.youtube.com/watch?v=MeTuNES82O0
The trial court argument: https://www.youtube.com/watch?v=TsvB61mDoG8