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Are AI outputs protected speech? No, and it’s a dangerous proposition, legal expert says
AI is undoubtedly expressive, but protecting its outputs under the First Amendment would have catastrophic consequences, Peter Salib argues.
Given that freedom of expression is a fundamental human right, some legal experts in the U.S. provocatively say that large language model (LLM) outputs are protected under the First Amendment — meaning that even potentially very dangerous generations would be beyond censure and government control. He pointed out that gen AI can already invent new chemical weapons more deadly than VX(one of the most toxic of nerve agents) and help malicious humans synthesize them; aid non-programmers in hacking vital infrastructure; and play “complex games of manipulation.” This could include bioterrorism and the manufacture of “novel pandemic viruses” and attacks on critical infrastructure — AI could even execute fully automated drone-based political assassinations, Salib asserts.
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