Law Commons^™

Siri-Ously 2.0: What Artificial Intelligence Reveals About The First Amendment, Toni M. Massaro, Helen Norton, Margot E. Kaminski

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The First Amendment may protect speech by strong Artificial Intelligence (AI). In this Article, we support this provocative claim by expanding on earlier work, addressing significant concerns and challenges, and suggesting potential paths forward.

This is not a claim about the state of technology. Whether strong AI — as-yet-hypothetical machines that can actually think — will ever come to exist remains far from clear. It is instead a claim that discussing AI speech sheds light on key features of prevailing First Amendment doctrine and theory, including the surprising lack of humanness at its core.

Courts and commentators wrestling with free …

Checking The Government’S Deception Through Public Employee Speech, Helen Norton

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No abstract provided.

Siri-Ously? Free Speech Rights And Artificial Intelligence, Toni M. Massaro, Helen Norton

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Computers with communicative artificial intelligence (AI) are pushing First Amendment theory and doctrine in profound and novel ways. They are becoming increasingly self-directed and corporal in ways that may one day make it difficult to call the communication ours versus theirs. This, in turn, invites questions about whether the First Amendment ever will (or ever should) cover AI speech or speakers even absent a locatable and accountable human creator. In this Article, we explain why current free speech theory and doctrine pose surprisingly few barriers to this counterintuitive result; their elasticity suggests that speaker humanness no longer may be …

How Do We Know When Speech Is Of Low Value?, Helen Norton

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No abstract provided.

From Google To Tolstoy Bot: Should The First Amendment Protect Speech Generated By Algorithms?, Margot Kaminski

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The Overhyped Path From Tinker To Morse: How The Student Speech Cases Show The Limits Of Supreme Court Decisions--For The Law And For The Litigants, Scott A. Moss

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Each of the Supreme Court's high school student speech cases reflected the social angst of its era. In 1965's Tinker v. Des Moines Independent Community School District, three Iowa teens broke school rules to wear armbands protesting the Vietnam War. In 1983, amidst parental and political upset about youth exposure to sexuality in the media, Bethel School District No. 403 v. Fraser and Hazelwood School District v. Kuhlmeier allowed the censorship of an innuendo-filled student government speech and a school newspaper article on teen pregnancy and parental divorce. In 2007, Morse v. Frederick paralleled the rise of reality television …

Payroll Guarantee Association, Inc. V. The Board Of Education Of The San Francisco Unified School District: Denying Hecklers The Right To Veto Unpopular Speech, David Zizmor, Clifford Rechtschaffen

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Payroll Guarantee Association, Inc. v. The Board of Education of the San Francisco Unified School District dealt with a difficult balancing question in First Amendment jurisprudence: to what degree are the rights of a speaker espousing unpopular views protected when such speech engenders disruptive protests— protests which themselves constitute a form of speech? Are the free speech rights of the unpopular speaker paramount? Do opponents have the right to protest such speech to the point at which the protests are so disturbing that the speech cannot go forward, in effect giving opponents a “heckler’s veto?”

Regulating Cyberharassment: Some Thoughts On Sexual Harassment 2.0, Helen Norton

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No abstract provided.

Reason Or Madness: A Defense Of Copyright's Growing Pains, Marc H. Greenberg

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A growing conflict between the creators and owners of expressive works protected by copyright law and the community of users and distributors of those works has focused on whether the law is so restrictive that it no longer meets the constitutional mandate that intellectual property law should serve to promote the growth and development of useful and expressive works. Has the scope of copyright's growth been reasonable, or are its restrictions madness, and harmful to the development and distribution of art? This article explores the seven leading criticisms leveled against copyright's expansion, and examines one recent effort at legislative reform …

Six Opinions By Mr. Justice Stevens: A New Methodology For Constitutional Cases?, Robert F. Nagel

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Voice In Government: The People, Emily Calhoun

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Progressive Free Speech And The Uneasy Case For Campus Hate Codes, Robert F. Nagel

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How To Do Things With The First Amendment, Pierre Schlag

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Silence And The Word, Paul Campos

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The Thomas Hearings: Watching Ourselves, Robert F. Nagel

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Commentary, The Selling Of Jury Deliberations, Robert F. Nagel

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Forgetting The Constitution, Robert F. Nagel

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Teaching Tolerance, Robert F. Nagel

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Freedom Of Speech As Therapy, Pierre Schlag

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Rules And Standards, Pierre Schlag

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Book Review, Pierre Schlag

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How Useful Is Judicial Review In Free Speech Cases?, Robert F. Nagel

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On Complaining About The Burger Court, Robert F. Nagel

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Issues Forum: Pornography, Drucilla S. Ramey

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Prof. Dru Ramey discussed the ramifications of the decision of the school book store manager to carry issues of Playboy for sale.

An Attack On Categorical Approaches To Freedom Of Speech, Pierre J. Schlag

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No abstract provided.

Unconstitutional Conditions Upon Public Employment: New Departures In The Protection Of First Amendment Rights, Harold H. Bruff

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No abstract provided.