As AI technology advances, deepfakes—digitally manipulated or created media depicting people saying or doing things they never did in ways that appear authentic—have become so sophisticated that even experts struggle to detect them.

 

Rothman recommends approaching all content with skepticism. She suggests always asking who filmed something, how we know it's authentic, and whether multiple verifiable sources confirm it. She encourages students to actively call out fake content they encounter, noting that responsible outlets like The New York Times mark false content to prevent its spread as truth. This necessary skepticism creates its own problems. If people doubt everything, they may reject authentic documentation of real events like police misconduct or political statements. 

 

Rothman has recently commented on proposed legislation addressing deepfakes, such as the No Fakes Act, which emerged in Congress after concerns about AI-generated music that impersonated real recording artists. While she sees gaps in existing law worth addressing, she worries that current legislative efforts prioritize market concerns over the protection of those depicted or the public from deception.

 

The No Fakes Act would create a federal digital replica right but one that would allow for long-term licensing of a person’s voice, likeness, and performance, enabling depictions of people saying and doing things they never did and without their specific knowledge or approval. This could facilitate deception, fraud, and the destabilization of reality. Rothman thinks any law in this area should focus on protecting the public from deception and individuals from losing control of their identities. At the same time, the regulation of deepfakes needs to balance First Amendment protections and avoid creating censorship tools.

 

 

When asked how current College Prep students can protect their digital identities, Rothman noted that this was virtually impossible but when pressed offered the stark advice to avoid posting photos, videos, or voice recordings of oneself. She acknowledges this approach has limits since others will capture and share images and videos anyway, and also that it is probably unrealistic given the draw of online living and connections.

 

The stakes are especially high regarding intimate images. Rothman points to recently passed federal and state laws criminalizing the circulation of intimate images, even those initially shared consensually, noting that many teenagers face prosecution under these statutes. Her advice to her own children is clear: never create, share, or forward intimate images.

 

The legal landscape surrounding online uses of a person’s identity is complicated. A major challenge involves Section 230 of the Communications Decency Act, a federal law which shields internet platforms from liability for user-posted content with some exceptions, including for intellectual property laws. While platforms often quickly remove copyrighted material, they often do not do so with unauthorized uses of a person’s identity. Congress recently passed a law that clarifies that platforms must take down unauthorized intimate images. 

 

Rothman credits two College Prep experiences with making her current work possible. First, the transformative first year experience of Mrs. Barish’s English class. Because of impaired eyesight Mrs. Barish evaluated papers by listening to recordings of them made by her students and had another grader grade the written papers. Mrs. Barish’s recognition of the disparity between Rothman’s spoken word version and the written product revealed what later could be understood as dysgraphia. Mrs. Barish sought to get the written and the spoken word to align and met with Rothman almost daily after school—transforming her into an English major at Princeton who won multiple writing awards and now publishes extensively.

 

The second major College Prep influence was the debate team. Rothman reflects that "Debate was tremendously influential for me. I learned public speaking skills, how to argue both sides of an issue, and how to develop strong, detailed arguments." She admits with a laugh, “My first few debate tournaments were disastrous. It took a full year of failure to be able to feel comfortable speaking in public.” Rothman and Burt Alper ‘87 won the statewide California Team Debate Championship in 1987. 

 

These skills remain essential to Rothman’s work today. As AI disrupts traditional written exams, universities like Penn are sometimes using oral examinations to evaluate students, making public speaking increasingly vital. Debate also teaches the ability to see issues from different perspectives—crucial in today's polarized environment and essential for finding common ground and developing creative thinking that AI cannot replicate (at least not yet).

 

Rothman encourages students to learn tools like ChatGPT but warns against over-reliance. Large language models generate predictable, common answers. To avoid being replaced by AI, students need creative, outside-the-box thinking.

 

She urges students to do the hard work of writing and analytical thinking themselves. Use AI for flashcards
or language practice, she suggests, but not for foundational learning.

 

"This new era of deepfakes is wielding much more destabilization of truth than anyone saying 'fake news,'" she warns. "Not being able to trust what we see or hear will destabilize not just news reporting but also the justice system in terms of reliance on evidence, and the communal agreement on shared facts."

 

In her First Amendment class, Rothman prepares her law students for an uncertain future by teaching them to advocate for "rules that work regardless of who is in power, and whether we agree with their policy choices or disagree with them." The goal is a robust First Amendment that protects speech we disagree with—and that limits the government’s power to decide what can be said.