I think it would likely make a difference if you primarily had in mind the step where an AI system generates some text or video vs when a human user receives the generated content and communicates it further.
For the output generation itself my sense is there are various arguments out there and it will likely get litigated in various contexts but its unclear how it will pan out. Some arguments this is protected are arguments similar to the ones that came up in the Moody v NetChoice SC case (although Barrett explicitly calls out in a concurrence that AI might change the analysis), as well as the possibility that the rights of human “listeners” would be protected.
My take here is that this issue is likely to be important but is very much in flux and its worthwhile to think about how AI policy and legal actions can held this move in a positive direction, given that early cases on this topic could be highly influential on this area of law.
For human users who repost AI generated content, my gut instinct is that this is likely to be viewed as normal speech, with the AI part not changing things all that much necessarily. I think this would mean any regulations would need to address existing 1A exceptions (fraud, defamation etc.) or meet strict scrutiny.
I think it would likely make a difference if you primarily had in mind the step where an AI system generates some text or video vs when a human user receives the generated content and communicates it further.
For the output generation itself my sense is there are various arguments out there and it will likely get litigated in various contexts but its unclear how it will pan out. Some arguments this is protected are arguments similar to the ones that came up in the Moody v NetChoice SC case (although Barrett explicitly calls out in a concurrence that AI might change the analysis), as well as the possibility that the rights of human “listeners” would be protected.
My take here is that this issue is likely to be important but is very much in flux and its worthwhile to think about how AI policy and legal actions can held this move in a positive direction, given that early cases on this topic could be highly influential on this area of law.
For human users who repost AI generated content, my gut instinct is that this is likely to be viewed as normal speech, with the AI part not changing things all that much necessarily. I think this would mean any regulations would need to address existing 1A exceptions (fraud, defamation etc.) or meet strict scrutiny.