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Does the First Amendment Protect A.I.? The Supreme Court May Soon Have Its Say.
As A.I. technology continues to evolve, so does the legal landscape of tools available to mitigate some of its most dangerous risks.
The NetChoice cases dealt with laws passed by Florida and Texas that aimed to curb what lawmakers claimed was social media companies’ censorship of conservative viewpoints. The laws—which limited platforms’ power to remove or deprioritize political content—would have hamstrung the companies’ ability to do things like restrict the visibility of false posts about elections. Kagan’s opinion in NetChoice, and indeed Justice Amy Coney Barrett’s concurrence, indicated a court may not view curation of training data or fine-tuning as a protected expressive activity, since in these instances, the A.I.
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