'Planet Hank' Sues AG Clark Over AI Video Investigation

Planet Hank Files Federal Challenge to Vermont AI Ad Law

Vermont’s new rules on deceptive political ads are headed into court for the first time, after Hank Poitras filed a federal lawsuit challenging an investigation tied to an AI-made video about U.S. Rep. Becca Balint (D-Vt.).

Poitras, widely known for filming arrests in Brattleboro and posting the footage online under the name Planet Hank, says the state’s synthetic media disclosure law violates the First Amendment. The case was filed Wednesday by attorney Brady Toensing, a former vice chair of the Vermont Republican Party.

At the center of the dispute is a June 7 video Poitras shared on social media. The AI-generated clip ridicules Balint while backing her Republican challenger, Mark Coester, a logger from Westminster. It portrays Balint as smug and shows Coester using a backhoe to lift her and dump her into a trash bin.

On June 12, Poitras was notified by the office of Attorney General Charity Clark, a Democrat, that he was being investigated for possible violations of the new law. The state’s letter was a civil investigative demand, which requires the release of records early in an inquiry. Investigators want to know whether Poitras created the video himself, what software he used, what prompts were entered, whether the content was meant to look real, and whether anyone else helped produce it.

The office also warned that criminal charges could be possible. Still, it said the matter might be dropped if the video is updated to include the required disclosure. Poitras was given until July 10 to respond.

Clark is the sole defendant in the suit. Her chief of staff said the attorney general could not comment because she had not yet been served.

The complaint seeks damages and a preliminary injunction to stop further investigation. It says Poitras, a disabled Iraq combat veteran, has long used artificial intelligence and other digital tools to criticize Vermont politicians and plans to keep doing so during election season.

His lawyers argue that the Balint clip falls outside the law because it is plainly satirical. The filing says no reasonable viewer would mistake the video for reality, pointing to its exaggerated imagery, including Balint in a French-style beret as she is hoisted into the dumpster.

More broadly, the lawsuit says the statute goes too far by giving the state power to police political expression. It argues that content-based restrictions on speech must be narrowly designed to serve a compelling public interest, and claims Vermont’s law is too vague about issues such as reputational harm. The suit also questions whether the law could be used against truthful but unflattering campaign material.

The complaint further contends that allowing the attorney general to investigate and threaten prosecution creates a chilling effect. It says Poitras has already had to hire a lawyer and weigh self-censorship to avoid legal trouble.

The filing also accuses Clark of targeting criticism aimed at a political ally. It notes that the questions sent to Poitras did not mention Coester, even though the video promotes him.