Freedom of Speech and AI Output

Journal of Free Speech Law | 3:113 | 2023

7 Pages Posted: 15 Aug 2023 Last revised: 17 Aug 2023

See all articles by Eugene Volokh

Eugene Volokh

University of California, Los Angeles (UCLA) - School of Law

Mark A. Lemley

Stanford Law School

Peter Henderson

Princeton University - Center for Information Technology Policy; Princeton University - Princeton School of Public and International Affairs; Princeton University - Program in Law & Public Policy; Princeton University - Department of Computer Science

Date Written: August 3, 2023

Abstract

Is the output of generative AI entitled to First Amendment protection? We’re inclined to say yes. Even though current AI programs are of course not people and do not themselves have constitutional rights, their speech may potentially be protected because of the rights of the programs’ creators. But beyond that, and likely more significantly, AI programs’ speech should be protected because of the rights of their users—both the users’ rights to listen and their rights to speak. In this short Article, we sketch the outlines of this analysis.

Keywords: generative AI, First Amendment protection, constitutional rights, Cyberspace Law, Public Law, First Amendment

Suggested Citation

Volokh, Eugene and Lemley, Mark A. and Henderson, Peter, Freedom of Speech and AI Output (August 3, 2023). Journal of Free Speech Law | 3:113 | 2023, Available at SSRN: https://ssrn.com/abstract=4531003

Eugene Volokh

University of California, Los Angeles (UCLA) - School of Law ( email )

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Mark A. Lemley (Contact Author)

Stanford Law School ( email )

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Stanford, CA 94305-8610
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Peter Henderson

Princeton University - Center for Information Technology Policy ( email )

C231A E-Quad
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Princeton University - Princeton School of Public and International Affairs ( email )

Princeton University
Princeton, NJ 08544-1021
United States

Princeton University - Program in Law & Public Policy ( email )

Wallace Hall
Princeton, NJ 08544
United States

Princeton University - Department of Computer Science ( email )

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United States

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