Full Breakdown
Rep. Derrick Van Orden’s AI Deepfake Ads Spark Legal Threat from Opponent
By Drooid · · How we work
Core Event
Republican Representative Derrick Van Orden of Wisconsin aired campaign advertisements that used artificial-intelligence-generated deepfake videos portraying his Democratic challenger, Rebecca Cooke, in misleading ways. In response, Cooke’s campaign sent Van Orden a cease-and-desist letter alleging that the videos constitute defamation under Wisconsin’s common-law protections and “undermine our democratic process.” Van Orden replied on social media with another AI-generated video, this time depicting Cooke as a red bird wearing a Democratic Socialists of America shirt, and issued a statement accusing her of dishonesty and “political hackery.”
Background & Context
The dispute arises in a tightly contested House race that political analysts have labeled a “toss-up” in central and western Wisconsin. Cooke previously lost to Van Orden in the 2024 election by a margin of just over 11,000 votes. Democrats have shifted focus to Van Orden’s association with former President Donald Trump, whose approval ratings have recently declined amid a tariff dispute with Canada, Wisconsin’s largest trading partner.
Official Statements & Responses
Cooke’s attorney argued that the deepfake ads “fill the gaps” left by state statutes and are intended to damage Cooke’s reputation for political gain. The lawyer’s cease-and-desist letter, which Cooke posted on social media, warned that Wisconsin law makes it illegal to publicize false advertisements with knowledge of their falsity. Van Orden’s campaign, speaking to local outlet WEAU, framed the ads as exposing Cooke’s alleged financial inconsistencies and labeled her a “untrustworthy political hack.”
Legal Ambiguity
Wisconsin defamation statutes prohibit the dissemination of knowingly false advertisements, but it remains unclear whether Van Orden’s deepfake videos meet the legal threshold for prosecution. No formal charges have been filed, and the matter is currently confined to campaign rhetoric and legal warnings.
Why It Matters
The episode highlights emerging challenges for election law as AI-generated content becomes more accessible. Both campaigns are leveraging the controversy to shape voter perceptions, underscoring concerns that deepfakes could erode trust in political discourse and complicate enforcement of existing defamation protections.