Is Taylor Swift able to sue Donald Trump for using fake endorsement?

After Donald Trump shared AI-generated images on social media falsely suggesting Taylor Swift’s endorsement, the question arises of whether legal action can be taken against the former president. The images that Trump posted on Sunday (Aug. 18) on his Truth Social platform included women wearing t-shirts with “Swifties for Trump” and a prominent image of Taylor Swift herself dressed as Uncle Sam, urging people to vote for Trump.

These images stirred anger among Swift’s fans, given her history of criticizing Trump and supporting Joe Biden in the 2020 election. The question of legal action against Trump for using her likeness without permission arose among many.

Jessica Silbey, a professor at Boston University School of Law specializing in intellectual property and constitutional law, explained that Trump’s post likely infringes Swift’s right of publicity, which gives individuals control over how their name and image are used by others. The growing use of AI to create realistic replicas of people has prompted lawmakers to consider laws like the NO FAKES Act, which would make unauthorized use of digital replicas illegal.

Trump’s post of an AI-generated likeness of Swift without her consent would likely violate such laws, and existing state laws protecting the right of publicity could provide grounds for a lawsuit. Apart from this, Swift could explore defamation claims against Trump for falsely endorsing him.

While legal action is an option, it may be a lengthy and costly process with potential defense strategies from Trump, such as blaming the creators of the AI images or citing free speech protected by the First Amendment. Considering the possible challenges and outcomes, some experts suggest that Swift may opt for a more effective and less contentious response.

Woodrow Hartzog, another professor at Boston University School of Law, believes that instead of legal action, Swift could counter Trump’s fake endorsement with a genuine one of her own. Utilizing her massive social media following, Swift could reach her fans directly and potentially impact Trump more effectively than any legal battle could.

Ultimately, the decision on whether to pursue legal action or respond politically lies with Swift. While the law may offer remedies, the power of her influence and audience could be a more potent tool in addressing the situation.