Journal of Free Speech Law: "Freedom of Speech and AI Output," by Profs. Mark Lemley and Peter Henderson and Me

Just published, closing out our symposium on Artificial Intelligence and Speech.

The article is here; the Introduction:

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.