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Artificial Intelligence, Defamation, and New Speech Frontiers
We the People
The Protection of Non-Defamatory Lies Generating by AI
The Supreme Court has said that some lies are constitutionally protected. That's from a United States versus Alvarez, where five justices emphasized the danger of putting the state in the business of deciding what's an opinion and what's a fact. How would that apply to the many other cases of AI hallucinations that are lies that may not be defamatory? And more broadly, how should the law think about non-defamatory lies generated by AI?
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