In the Headlines
July 16, 2024

Are AI Posts on Social Media Protected Free Speech?

Computerworld
Intellectual Property attorney Daniel Barsky was quoted in a Computerworld article about the potential implications of recent U.S. Supreme Court decisions on the free speech rights of artificial intelligence (AI)-generated content on social media platforms. The cases, Moody v. NetChoice and NetChoice v. Paxton, challenged state laws in Florida and Texas that aimed to prevent social media platforms from moderating potentially offensive content. While the cases did not directly involve AI, the Supreme Court's emphasis on applying current law regardless of the technology at issue raises questions about whether AI-generated content can be considered protected speech, especially when humans create the algorithms behind the AI. Mr. Barsky pondered the nature of AI-generated content in relation to free speech.

"Can GenAI outputs be thought of as speech? The outputs are supposed to be unique, but they are not spontaneous, as all GenAI output at present is a response to a prompt," he said.

READ: Are AI Posts on Social Media Protected Free Speech?

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