New York Gov. Kathy Hochul is pushing for a ban on artificial intelligence-generated campaign ads targeting political rivals — while using the tech to promote herself.
Take her recent “Wrath of Kath” political tour poster, where the AI-generated likeness of the governor in a black leather jacket points at the audience while touting her “tough on crime” policies. Or the satirical image of a bare-armed, machine gun-toting Hochul as Rambo from her January State of the State address.
So it raised some eyebrows last month when the governor proposed a blanket ban on the use of AI in opposition campaign ads.
“ The cliché is that most people believe in free speech for me, but not for thee,” said former ACLU President Nadine Strossen, now a senior fellow at the Foundation for Individual Rights and Expression. “The proposal is blatantly unconstitutional.”
Hochul’s proposed ban comes as New York and the nation reckon with exponential leaps in AI in recent years. Those developments have raised concerns, including data centers straining electric grids and AI potentially wiping out whole categories of jobs.
The governor’s office pointed to several examples of the damaging use of AI in politics in laying out her plan. In 2024, former state Assemblymember Keith Wright of Harlem was apparently caught on a hot mic during a profanity-laced rant against a colleague, only for Wright to say it was the work of AI-savvy fraudsters.
Former Gov. Andrew Cuomo’s mayoral campaign last year put out an AI-generated social media video depicting now-Mayor Zohran Mamdani eating rice with his hands while his supporters shoplifted, sold drugs and drove drunk. The Cuomo campaign quickly took it down after public backlash, saying the video was posted in error.
A spokesperson said Hochul’s recent AI images were not part of a campaign ad, so they wouldn’t be banned under the new proposal. State election laws currently require campaigns to disclose when they use AI, but do not limit how the technology can be used.
“Governor Hochul's proposal targets one thing — malicious deep fakes that impersonate real people with fabricated audio or video to influence elections, and builds on existing protections against fraud and harassment,” Hochul spokesperson Kristin Devoe said in a statement. “Any suggestion that it would jail comedians and advocates or criminalize free speech is ridiculous.”
Civil liberties groups argue much of what Hochul appears to be trying to stop is already illegal. Falsely impersonating someone is a crime, as are forgery and fraud.
And while some may find AI campaign videos distasteful, “offensive speech is constitutionally protected,” said Strossen, who wrote a book on defending pornography. “That is as true for AI-generated offensive speech as it is for offensive speech via the human voice.”
Advocates say there are also issues of access to AI tools.
Benji Federman, chair of the Broome County Republican Committee, said the tech allows candidates with fewer resources to create important campaign materials like social media ads and event invitations. But in a blue state like New York, “ our Republican candidates may not necessarily be able to afford the same services and consultants that a well-funded Democrat might be able to afford,” he said.
The state Legislature will consider Hochul’s proposed ban as part of the larger budget process. The statutory deadline for finalizing the state budget is April 1, but in recent years negotiations have extended weeks past that date.
In the meantime, that means candidates — and maybe Hochul herself — can keep posting as much AI-generated campaign slop as they’d like.
Ballot Box
This week we're wondering: Should Mamdani use a property tax hike to address a budget gap?
Last week we asked: Should Mayor Mamdani cultivate a relationship with Archbishop Hicks?
“Since both have a large number of followers, they will need each other. Otherwise, there will be awkward moments when they inevitably meet at various functions.”
- Michael, the Bronx
“It is not the mayor's responsibility to make nice with religious leaders as a matter of obligation or routine.”
- Melissa, Brooklyn
“A relationship … maybe. However, we need more separation of church and state. We've seen how this has become such a problem on a national level. I don't think he should have been expected to attend his installation or to attend services. Sure, Catholics make up a large part of NYC, but so do many other religions. Should he be expected to attend to all of them?”
- Angelique, Manhattan
“Even if nothing more than a gesture of goodwill (and optics!), our mayor could cultivate a good partnership with a religious leader who wields a lot of influence in NYC. But I didn't see it as a snub, as some people criticized.”
- France, Manhattan
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(4) Work has yet to resume on the new set of Hudson River tunnels despite the federal government dispersing more previously frozen funds from the project. Here’s why.
(5) Mamdani plans to appoint Faiza Ali, former first deputy chief of staff to prior City Council Speaker Adrienne Adams, as the city's chief immigration officer. Here’s more about her.
(7) The mayor is also reshaping the Rent Guidelines Board by appointing five new members and reappointing one. Here’s why that matters.
(8) Democratic state lawmakers in New York are renewing a push for legislation to strengthen voter protections. Here’s why.
(9) Hochul and Mamdani announced a $1.5 billion state investment over two years to help stabilize New York City’s finances on Monday. Here are the details.
