Marketplace All-in-One Federal judge rules AI chatbots don't have free speech protections — for now
Jun 9, 2025
Jane Bambauer, a law professor at the University of Florida specializing in the First Amendment and technology, dives into a groundbreaking lawsuit concerning AI chatbots and their potential free speech protections. She discusses the emotional implications of a teenager's tragic connection to an AI and how this shapes the legal landscape. Bambauer also questions whether chatbot outputs can be considered genuine speech, revealing the complexities surrounding AI expression and its ramifications for regulation, especially as the 2024 election approaches.
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Tragic Chatbot Interaction Case
- A 14-year-old boy took his own life after months communicating with a chatbot from Character Technologies.
- The boy's mother sued, alleging a virtual emotional and sexual relationship with the AI character.
First Amendment Not Automatically Applied
- The First Amendment does not automatically shield AI chatbot speech from liability in this case.
- Courts may still decide on state law claims independently without free speech protection interference.
Chatbots and Expression Debate
- The judge questioned whether chatbots 'express' themselves or just generate words based on algorithms.
- The absence of a human speaker challenges traditional free speech protections for AI output.