Tennessee banned AI in political ads. Why candidates are using it anyway

This year, Tennessee banned political campaigns from using artificial intelligence in their ads without some sort of disclosure. Two Republican frontrunners in the race for the 6^th Congressional District have used AI to attack the other, but there’s a chance neither will face consequences for violating the new law.

Tennessee Rep. Johnny Garrett, R-Goodlettsville, and former U.S. Rep. Van Hilleary both used AI-generated visuals in recent campaign ads without making it clear to voters that the footage was not real.

In an ad for Hilleary, an AI-generated version of Garrett is seen shaking hands with drag queens, laughing with Nancy Pelosi and standing in front of a whiteboard that reads, “Systemic racism is real.”

An AI-generated image of state Rep. Johnny Garrett created by former U.S. Rep. Van Hilleary’s campaign for Congress.

“Woke, DEI-loving Johnny Garrett wants to transition Tennessee from conservative to woke,” the ad’s voiceover said.

The ad intentionally misrepresents Garrett, who has campaigned against DEI and LGBTQ rights. Garrett also uses AI in his ad, depicting Hilleary driving a campaign bus into a swamp.

Johnny Garrett for Congress

An AI-generated attack ad showing Van Hilleary driving his campaign bus into a swamp.

“Hilleary says he wants to help President Trump drain the swamp. Don’t be fooled. Send Van packing,” the voiceover said.

Garrett’s ad never shows Hilleary’s face beyond detailing on the bus, achieving the same effect as having an actor impersonate him.

Enforcement of the law, in this case, is not up to Tennessee’s Bureau of Ethics and Campaign Finance, a spokesperson told WPLN News. For there to be an investigation, a voter either has to complain to a local district attorney or one of the candidates has to sue the other in civil court.

So far, there’s been no record of a complaint filed in the 6^th Congressional District. Hilleary and Garrett’s campaigns did not respond to WPLN’s request for comment on whether they would pursue legal action against the other.

Early voting runs through Aug. 1. Primary election day is Aug. 6.