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A former New York City Council candidate has been charged with forgery over allegations he used artificial intelligence<\/a> to post fake endorsements and news articles on social media.<\/p>\n Jonathan Rinaldi was arrested outside his home Wednesday and could face up to two years in prison if convicted. The 47-year-old ran unsuccessfully as a Republican for a council seat from Queens last year.<\/p>\n The First Amendment to the U.S. Constitution does not generally protect fraudulent statements, but in a phone interview with The Associated Press on Wednesday, Rinaldi called it a matter of free-speech. He said he would not confirm or deny that he made the posts or generated the images at issue.<\/p>\n \u201cI got arrested for social media posts,\u201d Rinaldi said. \u201cThis is an issue that strikes at the heart of our First Amendment freedoms \u2014 not just for me, but for everybody.\u201d<\/p>\n Among the false posts he’s accused of having made \u2014 primarily on Facebook and Instagram \u2014 was one claiming an endorsement from the Queens Jewish Alliance. Prosecutors say the post used the authentic logo of the organization as well as a legitimate-looking endorsement sheet.<\/p>\n The complaint says the head of the Queens Jewish Alliance confronted him in a recorded phone call, and Rinaldi responded, \u201cWhen you are trying to fight against the establishment, I have to use every available tool that\u2019s at my disposal.” <\/p>\n In another post, Rinaldi fabricated a New York Post story claiming that then-Council Member Robert Holden, a Democrat, had crossed the aisle to endorse him, the Queens district attorney said. <\/p>\n According to the charges, the fake story was accompanied by a doctored photo that appeared to show Holden shaking his hand \u2014 an image that Rinaldi prompted an AI platform to generate: \u201cface swap the man on the left.\u201d<\/p>\n \u201cjust change the face the head is ok they are both bald just change the face,\u201d the prompt read, according to the charges.<\/p>\n \u201cIn today\u2019s world it is important to hold people accountable for materially misrepresenting facts,\u201d District Attorney Melinda Katz said in a news release. \u201cAs alleged, the defendant used AI to replace factual political support and launched fabricated attacks against his opponent as fact in a deliberate effort to mislead voters ahead of a City Council election.\u201d<\/p>\n The rapid spread of AI has posed myriad problems for lawmakers, as they try to get a handle<\/a> on increasingly realistic \u2014 but fake \u2014 images, from deepfake pornography to other types of fraud<\/a>. Over half of states have regulated the use of AI in elections to protect voters from being misled; many require disclosure, and some have also adopted criminal penalties. Some have exemptions for clear satire.<\/p>\n A New York law<\/a> adopted in 2024 requires disclosures of deepfakes in campaign materials and allows candidates who are targeted by them to go to court to block their dissemination.<\/p>\n Still, the accessible technology<\/a> has punctuated U.S. races this year. In a GOP U.S. House primary in Kentucky, for example, an AI-created ad depicted Republican U.S. Rep. Thomas Massie going on a romantic date and then to a hotel room with progressive U.S. Reps. Alexandria Ocasio-Cortez and Ilhan Omar.<\/p>\n The laws Rinaldi is accused of violating \u2014 third-degree forgery and possession of forged instruments \u2014 predate AI. Under New York law, a person commits third-degree forgery when they falsely make, complete or alter \u201ca written instrument\u201d with the intent to defraud, deceive or injure another. A \u201cwritten instrument\u201d is defined in part as written or printed matter, including online writings, conveying information \u201ccapable of being used to the advantage or disadvantage of some person.\u201d<\/p>\n The district attorney’s complaint alleges myriad instances of Rinaldi using AI to generate doctored photos, including some of his Democratic opponent, Lynn Schulman, appearing to wear a shirt that read \u201cHot Girls for Zohran.\u201d The language of the prompt cited in the complaint suggests the reference to the city’s Muslim mayor, Zohran Mamdani, was intended to hurt her support in the largely Jewish neighborhood of Forest Hills, where they were campaigning.<\/p>\n The district attorney said Rinaldi further posted AI-generated videos appearing to show endorsements from a police precinct and an elementary school \u2014 public institutions which do not allow political endorsements.<\/p>\n