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The Lawfare Podcast

Lawfare Daily: AI Regulation and Free Speech: Navigating the Government’s Tightrope

Nov 25, 2024
Eugene Volokh, a First Amendment law expert, Chinny Sharma, who specializes in AI regulation, and Paul Ohm, known for his work on technology and copyright, engage in a thought-provoking discussion on the complexities of regulating AI while protecting free speech. They explore the challenges of managing AI-generated content, the implications for defamation law, and the delicate balance between innovation and accountability. The conversation emphasizes the need for nuanced regulatory frameworks and highlights potential dangers of misinformation in the evolving digital landscape.
01:22:23

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Quick takeaways

  • AI-generated outputs present unique challenges for First Amendment protections due to their unpredictable and automated nature in communication.
  • There is a need for new regulatory frameworks as existing ones may not address the complexities of AI technologies effectively.

Deep dives

The Role of AI in Free Speech

The discussion highlights the complex intersection of AI technology and free speech, particularly focusing on the output generated by large language models. While AI can be seen as a facilitator of free speech, the unpredictability of its outputs raises new challenges for First Amendment protections. Speakers emphasized that unlike traditional forms of communication, AI-generated speech can encompass unpredictable and automated responses, complicating the legal landscape. There is a consensus that AI output should generally be protected by the First Amendment, yet this protection may be subject to specific exceptions based on content and context.

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