The Lawfare Podcast Scaling Laws: Eugene Volokh on Libel and AI
Jul 18, 2025
Eugene Volokh, a Senior Fellow at the Hoover Institution and a law professor at UCLA, dives into the intricacies of libel law and AI-generated content. He discusses how current libel laws might adapt as technology evolves, emphasizing the challenges of determining liability for AI outputs. The conversation highlights the impact of AI on reputation management and the legal complexities surrounding defamation. Volokh also addresses the implications of Section 230 and how AI innovations could reshape legal frameworks, raising pertinent questions about individual rights and innovation.
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Libel Basics and Mental State
- Libel requires false factual statements that harm reputation, often needing proof of the speaker's mental state.
- Public figures must prove "actual malice," meaning knowledge or reckless disregard for truth.
Section 230 Protects Platforms
- Section 230 shields online platforms from liability for user-posted content by treating them as mere distributors.
- This protection encourages platforms to host content without undue fear of costly defamation suits or chilling speech.
Libel and First Amendment Balance
- Libel law balances protecting reputation and First Amendment free speech rights.
- The landmark New York Times v. Sullivan case raised the proof standard to avoid chilling public debate but still allows some defamation accountability.