The Evolving Landscape of Free Speech

Imagine a future where the most persuasive voices in our society aren't human. Where AI generated speech fills our newsfeeds, talks to our children, and influences our elections. Where digital systems with no consciousness can hold bank accounts and property.  Where AI companies have transferred the wealth of human labor and creativity to their own ledgers without having to pay a cent. All without any legal accountability.

This isn't a science fiction scenario. It’s the future we’re racing towards right now. The biggest tech companies are working right now to tip the scale of power in society away from humans and towards their AI systems. And the biggest arena for this fight is in the courts.

In the absence of regulation, it's largely up to judges to determine the guardrails around AI. Judges who are relying on slim technical knowledge and archaic precedent to decide where this all goes. In this episode, Harvard Law professor Larry Lessig and Meetali Jain, director of the Tech Justice Law Project help make sense of the court’s role in steering AI and what we can do to help steer it better.

Your Undivided Attention is produced by the Center for Humane Technology. Follow us on X: @HumaneTech_. You can find a full transcript, key takeaways, and much more on our Substack.

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“The First Amendment Does Not Protect Replicants” by Larry Lessig

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Further reading on Sewell Setzer’s story

Further reading on NYT v. Sullivan

Further reading on the Citizens United case

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