Freedom of Speech and AI Output

TL;DR

This paper argues that the output of generative AI should be protected under free speech rights, considering the rights of both creators and users, despite AI not being persons.

Contribution

It provides a legal analysis supporting First Amendment protection for AI output based on the rights of creators and users.

Findings

AI output may be protected as speech under the First Amendment.

Protection extends to the rights of users to listen and speak.

Legal framework for AI speech rights is outlined.

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.