
TL;DR
This paper analyzes how AI-mediated communication platforms are protected under the First Amendment, highlighting legal conflicts with recent regulations and emphasizing the need to reconsider free speech protections in the age of automated content.
Contribution
It offers a novel legal analysis of AI-generated content and platform moderation under First Amendment doctrine, proposing a doctrinal reconstruction to address new technological realities.
Findings
AI-generated content is protected speech under current jurisprudence.
Regulations mandating content removal or moderation likely violate free speech protections.
Existing doctrine risks disconnecting the First Amendment from democratic principles.
Abstract
This Article examines the constitutional status of AI-mediated communication under the First Amendment. Social media platforms, increasingly integrated with generative AI systems, now function as core public communication infrastructures. Within this environment, AI-generated pornography and large-scale political misinformation have produced significant dignitary and democratic harms. In response, states have enacted regulations requiring platforms to remove certain content, disclose recommendation practices, or redesign moderation systems. These measures, however, collide with prevailing First Amendment doctrine. The Article argues that under existing jurisprudence, AI-generated content is protected speech, and regulations targeting platform moderation practices are likely unconstitutional. Since the 1970s, the Supreme Court has shifted from a structural concern with the free…
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Taxonomy
TopicsHate Speech and Cyberbullying Detection · Freedom of Expression and Defamation · Law, Rights, and Freedoms
