Abstract

https://ssrn.com/abstract=2896174
 


 



Siri-ously 2.0: What Artificial Intelligence Reveals about the First Amendment


Toni M. Massaro


University of Arizona College of Law

Helen L. Norton


University of Colorado School of Law

Margot E. Kaminski


Ohio State University (OSU) - Michael E. Moritz College of Law; Yale University - Yale Information Society Project; Yale University - Law School

January 6, 2017

Minnesota Law Review (Forthcoming)
Arizona Legal Studies Discussion Paper No. 17-01
Ohio State Public Law Working Paper No. 374

Abstract:     
The First Amendment may protect speech by strong Artificial Intelligence (AI). In this Article, we support this provocative claim by expanding on earlier work, addressing significant concerns and challenges, and suggesting potential paths forward.

This is not a claim about the state of technology. Whether strong AI — as-yet-hypothetical machines that can actually think — will ever come to exist remains far from clear. It is instead a claim that discussing AI speech sheds light on key features of prevailing First Amendment doctrine and theory, including the surprising lack of humanness at its core.

Courts and commentators wrestling with free speech problems increasingly focus not on protecting speakers as speakers but instead on providing value to listeners and constraining the government’s power. These approaches to free speech law support the extension of First Amendment coverage to expression regardless of its nontraditional source or form. First Amendment thinking and practice thus have developed in a manner that permits extensions of coverage in ways that may seem exceedingly odd, counterintuitive, and perhaps even dangerous. This is not a feature of the new technologies, but of free speech law.

The possibility that the First Amendment covers speech by strong AI need not, however, rob the First Amendment of a human focus. Instead, it might encourage greater clarification of and emphasis on expression's value to human listeners — and its potential harms — in First Amendment theory and doctrine. To contemplate — Siri-ously — the relationship between the First Amendment and AI speech invites critical analysis of the contours of current free speech law, as well as sharp thinking about free speech problems posed by the rise of AI.

Number of Pages in PDF File: 47

Keywords: First Amendment, Freedom of Speech, Speech Theory, Constitutional Law, Constitutional Theory, Personhood, Computer Speech, Robots, Artificial Intelligence, Strong Artificial Intelligence, Machine Speech, Fundamental Rights, Autonomy, Theories of Rights


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Date posted: January 10, 2017 ; Last revised: January 12, 2017

Suggested Citation

Massaro, Toni M. and Norton, Helen L. and Kaminski, Margot E., Siri-ously 2.0: What Artificial Intelligence Reveals about the First Amendment (January 6, 2017). Minnesota Law Review (Forthcoming); Arizona Legal Studies Discussion Paper No. 17-01; Ohio State Public Law Working Paper No. 374. Available at SSRN: https://ssrn.com/abstract=2896174

Contact Information

Toni Marie Massaro (Contact Author)
University of Arizona College of Law ( email )
P.O. Box 210176
Tucson, AZ 85721-0176
United States
520-626-2687 (Phone)
520-621-9140 (Fax)

Helen L. Norton
University of Colorado School of Law ( email )
401 UCB
Boulder, CO 80309
United States

Margot E. Kaminski
Ohio State University (OSU) - Michael E. Moritz College of Law ( email )
55 West 12th Avenue
Columbus, OH 43210
United States

Yale University - Yale Information Society Project ( email )
127 Wall Street
New Haven, CT 06511
United States
Yale University - Law School ( email )
P.O. Box 208215
New Haven, CT 06520-8215
United States

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