Bill DeBlasio, a Long Island resident who shares his name with the former Mayor of New York responded to an email from the Times of London asking his opinion about candidate Zohran Mamdani's agenda.
He admitted that he knew the email was intended for the mayor, not him. Instead of ignoring or correcting the reporter, he deliberately crafted a response using ChatGPT that contradicted the mayor's opinions.
Does this case constitute impersonation, or is it free speech? Below are some aspects I thought about:
For Impersonation:
- Clearly not parody, since he intentionally wrote a response.
- By leading a media outlet to publish a piece that contradicts the public figure's opinions, he caused reputational damage to the politician.
Against Impersonation:
- He never explicitly said that he was the mayor. So technically he didn't lie.
- He was just tired of being bombarded by emails from reporters who did not do their research and kept contacting the wrong person. Merely pulling off a prank does not necessarily imply an intent to obtain a benefit or defraud another.
[Relevant Law] New York Penal Law Section 190.25: Criminal impersonation in the second degree
A person is guilty of criminal impersonation in the second degree when he:
- Impersonates another and does an act in such assumed character with intent to obtain a benefit or to injure or defraud another; or
- Pretends to be a representative of some person or organization and does an act in such pretended capacity with intent to obtain a benefit or to injure or defraud another; or
- (a) Pretends to be a public servant, or wears or displays without authority any uniform, badge, insignia or facsimile thereof by which such public servant is lawfully distinguished, or falsely expresses by his words or actions that he is a public servant or is acting with approval or authority of a public agency or department; and (b) so acts with intent to induce another to submit to such pretended official authority, to solicit funds or to otherwise cause another to act in reliance upon that pretense; or
- Impersonates another by communication by internet website or electronic means with intent to obtain a benefit or injure or defraud another, or by such communication pretends to be a public servant in order to induce another to submit to such authority or act in reliance on such pretense; or
- Impersonates another person, without such other person’s permission, by using the other person’s electronic signature with intent to obtain a benefit or injure or defraud the other person or another person. For the purposes of this subdivision, electronic signature shall have the same meaning as set forth in subdivision three of State Technology Law § 302 (Definitions). Criminal impersonation in the second degree is a class A misdemeanor.
