The bad blood between Taylor Swift and Donald Trump continues.
Earlier this week, fans speculated that Swift might fight back with legal action after President Trump shared an AI-generated image of her on social media in what appeared to be a show of support for his presidential campaign.
But does Swift actually have legal grounds to sue the former president for sharing an AI-generated image of her?
As it turns out, she most certainly did. But how strong her argument is is another matter. Read on to see what legal experts have to say.
What AI image of Taylor Swift did Donald Trump post?
President Trump on Sunday posted a series of “Swifties for Trump” photos to his Truth social account, some of which are real, while others appear to have been created by artificial intelligence.
Need a break? Play the USA TODAY Daily Crossword Puzzle.
One of the suspected AI-generated photos shows Swift dressed as Uncle Sam with the words “Taylor wants you to vote for Donald Trump,” while another appears to be a news article, featuring several photos of fans wearing “Swifties for Trump” T-shirts, with the word “Satire” written underneath.
Donald J. Trump (@realDonaldTrump)
Two of the photos are real, including one of a fan wearing a white T-shirt that reads “Swifties for Trump” in red and black lettering.
Trump wrote in the post, “I accept it!”, suggesting that he accepts Swift’s endorsement. In fact, Swift has yet to endorse anyone in this year’s presidential election. In 2020, she endorsed President Joe Biden and running mate Kamala Harris.
When asked by Fox Business Network reporter Grady Trimble if the former president was worried about lawsuits, Trump replied, “I don’t know anything about it other than somebody created it. … These are all things that other people created. AI is always going to be very dangerous in that way.”
Taylor Swift has legal grounds to sue Donald Trump, but here’s why she might not win
After Trump’s social media post went viral, TikTok users began speculating that Swift might sue the former president over spreading the fake image.
Some users have suggested Swift could be suing under Tennessee’s Elvis Law, which was signed into law in Nashville in March.
The law makes Tennessee the first state to enact a law protecting residents’ voices, images and likenesses from the misuse of artificial intelligence. Artists and anyone who holds an exclusive license, such as a label or distribution group, can bring civil lawsuits for damages.
The ELVIS Act can be used to pursue those who publish, perform, distribute, or transmit AI-generated content that uses another person’s likeness without their permission.
Under the ELVIS Act, Swift could sue.
Douglas Mirell, a partner at the Los Angeles law firm Greenberg Glusker, is a litigation attorney who specializes in media, entertainment and intellectual property. Mirell, who has experience in entertainment litigation centered on AI, said Trump’s claim of ignorance doesn’t fill a big hole in Swift’s lawsuit.
As he spread the images, he could be held liable under the Act.
But the problem with Swift’s case is that the Elvis Act, and every other state law, makes exceptions for parody and satire.
“If (Trump) were sued over this, I have no doubt he would argue that it was satire or parody or both, and that argument would be bolstered by several Supreme Court decisions from many years ago,” Mirell said.
In two cases, Hustler Magazine v. Jerry Falwell and Campbell v. Accueil Rose Music, the U.S. Supreme Court ruled that targeted false advertising and songs that sound like Roy Orbison songs are both considered parodies and protected under the First Amendment, Mirell said.
“A lawsuit could be filed, but (Trump’s) defense based on those exceptions seems pretty strong to me,” Mirell said.
If Swift wanted to make a stronger case against Trump, she could sue him for defamation and libel for the statement at the top of the post, “I accept it!”, Mirell said.
“This is a material misstatement of fact, and whether or not you believe the image is fake, people may think that Taylor is in fact endorsing him,” Mirell said.
“When combined with other posts titled ‘Swifties for Trump,’ I think you can make a plausible argument that this was, in fact, defamatory towards her,” he concluded.
Swifties talk politics in London
Swift returned to the U.S. on Wednesday after completing 48 European dates on her Eraser tour. Fans outside London’s Wembley Stadium on Tuesday acknowledged they were waiting to see if Swift would make an endorsement in the 2024 election.
“I wouldn’t be surprised if she doesn’t officially endorse (Harris) until the end of September or mid-October,” said Megan Connors of Joplin, Missouri. “I think she’ll promote it on social media, but I don’t think she’ll go to the DNC. American politics can be very volatile and aggressive, as we saw with the storming of the Capitol. I don’t think she’s going to be in the public eye as much because she’s dangerous.”
Harry Baker of Ohio walked in front of the stadium wearing a white T-shirt that read “President Taylor 2024.”
“The shirt is not pro-red. It’s not pro-blue,” Baker said, adding, “I think she’ll be openly pro-Democrat.”
Rochelle Ulloa of Los Angeles said Swift was planning when to take political action.
“It seems like all eyes are on Taylor’s actions, but she has always been sincere and put in good effort,” Ulloa said. “I think she’s just waiting until the right time is right, just like she did with her endorsement of President Biden in the last election.”
Swift makes political statement
The singer has criticized President Trump over the past four years on social media and in her 2020 documentary “Miss Americana.”
Her first public endorsement was in 2018, when she endorsed Senate candidate Phil Bredesen (D-Tenn.) who was running against incumbent Marsha Blackburn. In the documentary, she called Blackburn a “Trump in a wig.”
When Swift’s publicist, Tuli Payne, warned her that Trump might come after her, Swift responded, “I don’t care. I don’t care. If I get bad press for saying, ‘Don’t let homophobic racists run for office,’ then I get bad press for that.”
By November 2020, Swift had voiced her stance on and opposition to Trump on X (formerly Twitter). Four days after George Floyd was killed by police, Swift posted, tagging Trump, writing, “You’ve stoked the fires of white supremacy and racism your entire presidency, yet you have the nerve to feign moral superiority before threatening violence? ‘When the looting starts, the shooting starts’? Vote to get you out in November.”
She also quote-tweeted and retweeted Kamala Harris.
The singer is taking a two-month break from her Eras Tour, and many are waiting to see when and how the singer will land an endorsement deal.
Sign up for our free weekly newsletter, This Swift Beat, so you don’t miss any Taylor Swift news.
Taylor Swift reporter Brian West on Instagram, TikTok, X as @BryanWestTV. Audrey Gibbs is music reporter for The Tennessean. She can be reached at agibbs@tennessean.com.
