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Tennessee’s New ELVIS Act Could Lead to Taylor Swift Suing Trump Over AI Images

August 23, 2024

Celebrity Taylor Swift Award Show Tinseltown Shutterstock

image credit: Tinseltown/Shutterstock

Republican Presidential Nominee Donald Trump posted artificial intelligence (AI) generated images of pop star Taylor Swift and her “Swiftie” followers supporting his campaign. The images were identified as false. Swift may have grounds to sue Trump under a new Tennessee law.

AI-Generated “Swifties for Trump” Merchandise

Celebrity Taylor Swift photos w fans Featureflash Photo Agency Shutterstock — image credit: Featureflash-Photo-Agency/Shutterstock

The images contained pictures of Swifties donning garments that said “Swifties for Trump,” likely generated by AI.

Satirical Post Title Raises Eyebrows

Celebrity Taylor Swift Billboard Awards Jamie Lamor Thompson Shutterstock — image credit: Jamie-Lamor-Thompson/Shutterstock

A second post was labeled “satire” but was titled, “Swifties turning to Trump after ISIS foiled Taylor Swift Concert.”

AI-Generated WWI Recruitment Poster

Taylor Swift Pony Tail Tinseltown Shutterstock — image credit: Tinseltown/Shutterstock

A third AI-generated photo appeared to copy a WWI recruitment poster where Swift’s face is featured with the words, “Taylor wants you to vote for Donald Trump.” Trump posted the image of Swift along with his responding message, “I accept!”

Implied Endorsement by Taylor Swift

Former President Donald Trump Phil Mistry Shutterstock — image credit: Phil Mistry/Shutterstock

In posting the AI images, Trump implied that Swift had endorsed his candidacy, an endorsement the campaign has sought and speculated on for months.

Swifties Respond to Trump’s Posts

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Swifties responded forcefully, as they are known to do, and accused Trump of disseminating false information.

Verification of Real Supporters in the Images

NBC Tower Building EQRoy Shutterstock — image credit: EQRoy/Shutterstock

However, a review by NBC found that two of the images posted by Trump are verified photos of real women who support Trump’s candidacy.

Taylor Swift’s Stance on Political Endorsements

Taylor Swift Performance NY Brian Friedman Shutterstock — image credit: Brian Friedman/Shutterstock

Swift has not endorsed any candidate for President this election cycle, although some expect Swift to announce her support for Harris at some point during the ongoing Democratic National Convention.

Swift’s Previous Political Endorsements

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Swift endorsed President Biden in 2020 and was critical of President Trump during his first term in office.

Swift’s Reaction to George Floyd’s Death

Black lives matter activist movement protesting against racism and fighting for equality AlessandroBiascioli Shutterstock — image credit: AlessandroBiascioli/Shutterstock

After the death of George Floyd, which kicked off the Black Lives Matter riots, Swift posted on X, “After stoking the fires of white supremacy and racism your entire presidency, you have the nerve to feign moral superiority before threatening violence? We will vote you out in November.”

Potential Legal Action Against Trump

Law Business Legal Services Lawyer Freedomz Shutterstock — image credit: Freedomz/Shutterstock

Some legal experts stated Tuesday that Swift may have a legal case to sue Trump for his post claiming Swift’s support for his candidacy.

Tennessee’s ELVIS Act and Its Implications

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Vanderbilt University Law Professor Joseph Fishman cited a new Tennessee law titled Tennessee’s Ensuring Likeness Voice and Image Security Act (ELVIS Act), which protects against “just about any unauthorized simulation of a person’s voice or appearance.”

Legal Boundaries of the ELVIS Act

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The ELVIS Act took effect for the first time on July 1 and has not yet been tried in court.

According to Fishman, “It doesn’t matter whether an image is generated by AI or not, and it also doesn’t matter whether people are actually confused by it or not. In fact, the image doesn’t even need to be fake– it could be a real photo, just so long as the person distributing it knows the subject of the photo hasn’t authorized the use.”

Taylor Swift’s Possible Next Moves

Celebrity Taylor Swift Playing Banjo A.PAES Shutterstock — image credit: A.PAES/Shutterstock

Whether or not Swift chooses to pursue legal action, it is likely she will assert her personal opinion sooner rather than later in favor of a candidate.