The Lawfare Podcast Lawfare Archive: AI Regulation and Free Speech: Navigating the Government’s Tightrope
Nov 27, 2025
Join Georgetown law professor Paul Ohm as he leads a thought-provoking discussion with Chinny Sharma, an AI regulation expert, and First Amendment scholar Eugene Volokh. They dive into the complexities of generative AI and its First Amendment implications. Topics range from the concept of 'Cheap Speech' and its impact on free expression to the challenges of regulating AI, including real-world libel cases and privacy issues. The panel also debates the roles of state versus federal regulation, offering insights into the fast-evolving world of AI law.
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Generative AI Raises New First Amendment Questions
- Generative AI differs from the internet because outputs are not fully predictable by developers.
- Eugene Volokh argues AI-generated output is covered by the First Amendment, subject to established exceptions.
Listener Rights Will Shape AI Speech Law
- Courts will likely rely on listener-rights doctrines to resolve whether AI output is protected.
- Listener protection covers both recipients who want to access content and users who repurpose AI text into further speech.
Tool Framing Won't Dodge Content Scrutiny
- Treating models as mere tools won't avoid strict First Amendment scrutiny when restrictions are content-based.
- Paul Ohm warns content-neutral justifications are rare for regulating LLM outputs.