this post was submitted on 05 Aug 2025
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[–] AceFuzzLord@lemmy.zip 28 points 1 week ago* (last edited 1 week ago) (3 children)

Swift could easily get a lawsuit set up against them and most likely win, if AI nudes start getting made and sent out by average people. If she did, she's already won the court of public perception or whatever it's called ( drawing a blank ) because of how popular she is. I guarantee if she told people not to use grok or ex-twitter, a large of the swifties on the platform would run faster than Usain Bolt to delete their accounts.

[–] insaneinthemembrane@lemmy.world 12 points 1 week ago (1 children)

Public opinion is what you were looking for there.

[–] AceFuzzLord@lemmy.zip 4 points 1 week ago

Yeah, my brain had stopped working. Thanks for the help.

[–] lmmarsano@lemmynsfw.com 5 points 1 week ago (1 children)

Swift could easily get a lawsuit set up against them and most likely win

How would that work? If someone drew a photorealistic painting of pretty much the same, under what legal claim could Swift "most likely win"?

[–] bubblewrap@sh.itjust.works 6 points 1 week ago (1 children)

Many jurisdictions have started banning nonconsensual intimate imagery, including the US (in several states as well as federally under the TAKE IT DOWN Act).

[–] lmmarsano@lemmynsfw.com 3 points 1 week ago (2 children)

That seems recently signed into law (ie, untested in courts) & patently unconstitutional. Would that law prohibit obscene depictions of Trump?

[–] frongt@lemmy.zip 2 points 1 week ago (1 children)

Maybe. For photographs, it's definitely not unconstitutional to make it illegal, because people have a right to privacy (4th amendment sort of, and 10th because they're state laws).

For Trump, and for non-photographic media, it's a little different. For one, he's a very public figure. Another, you could argue it's artistic, satirical, or critical of him.

Now if you were doing it maliciously, with intent to harass him personally, then yeah that would probably be considered not protected and carry civil or criminal liability.

[–] lmmarsano@lemmynsfw.com 2 points 1 week ago

For one, he’s a very public figure.

As is Swift.

maliciously, with intent to harass him personally

Is that the standard? Wouldn't an act of harassment (as legally defined) rather than only intent of it be a required element?

The argument seems weak for a fake image of a public figure.

[–] bubblewrap@sh.itjust.works 2 points 1 week ago (1 children)

Well, the constitutionality will need to be tested, sure, but the US first amendment is not absolute, even if it is sweeping relative to other countries.

Also, the US is not the only jurisdiction in the world. Plenty of other countries have put similar laws on the books over the last 2-3 years.

[–] lmmarsano@lemmynsfw.com 0 points 1 week ago

but the US first amendment is not absolute

It's pretty clear: strict scrutiny.

Also, the US is not the only jurisdiction in the world.

Would the jurisdiction for a case between a US citizen & US company not be the US?

[–] sturmblast@lemmy.world 1 points 1 week ago

That's already happening