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1 results

  • 27 - Artificial Minds in First Amendment Borderlands

  • from Part V - Constitutional Law, Human Rights, and Algorithms
  • Edited by Woodrow Barfield, University of Washington
  • Book:
    The Cambridge Handbook of the Law of Algorithms
    Published online:
    19 October 2020
    Print publication:
    05 November 2020, pp 579-605

  • Summary

    The First Amendment’s freedom of speech, the Supreme Court said in 1943, protects our capacity to use words or non-verbal symbols to create a “short-cut from mind to mind.”1 But does it continue to do so when one of the “minds” on either end of such a short cut is an artificial one? Does it protect my right to receive words or symbols not from another person, but from artificial intelligence (AI) – that is, a computer program that can write, compose music, or perform other tasks that used to be the sole province of human intelligence? If so, what kind of First Amendment protection does computer speech receive – and how, if it all, does it differ from that which protects the speech of human persons?