If AI Outputs Aren't Speech, Who Has to Prove They're Human?

mock-possum•about 2 hours ago

> A growing body of legal scholarship argues that large language model (LLM) outputs are not “speech” under the First Amendment and therefore may be regulated without the scrutiny ordinarily applied to restrictions on expression

Isn’t ‘speech’ what happens when one party chooses to share their words with another? If I use chat gpt to generate a sentence, then deliver the sentence to someone else to be read, have I not ‘spoken’ to them? Just because I didn’t write it doesn’t mean it’s not my speech.

> The no-speech position argues that because no person stands behind a model’s words at the moment of generation, those words are not First Amendment-covered “speech.”

No person, except the user who used the tool to generate the content, surely? What the user does with the content they create is up to them - but the tool communicating the result of the work to the user is certainly not ‘speech’ - unless it’s the user ‘speaking’ to themself. The user is the author of the output, effectively. It only becomes ‘speech’ once they choose to make it available to others.

lovich•about 2 hours ago

> Just because I didn’t write it doesn’t mean it’s not my speech.

Bruh.

Yea it does.

You’re throwing prompts into a non deterministic text generator. You explicitly are not making the speech.

tpmoney•38 minutes ago

If the EFF gives you a template email to send to your congress-critter to opposed some terrible spyware bill, isn’t that your “speech” for the purposes of the 1st amendment? It doesn’t matter that you personally didn’t pen the words, only that (as the political ads say) “[you are] lovich and [you] approve this message”.

Why would LLM output be any different?

iAMkenough•about 1 hour ago

Is copying and pasting someone else’s words and publishing it on your website or personal profile not First Amendment protected speech?

iAMkenough•about 1 hour ago

Clearly the First Amendment doesn’t apply to you if you take someone else’s words and publish them.

Silly of you to assume you ever had the constitutional right to share political opinions you agree with.

gustavus•about 2 hours ago

Well obviously the works produced by a typewriter aren't speech because the works are produced not by a person but a mechanical contraption.

And let's not start with a blog post or website comment. Those aren't speech because they aren't even written by human hands they are instead just using a very fancy elctro-mechanical mechanism for transferring a series of electric waves from one individual to another across the palent.

2OEH8eoCRo0•about 2 hours ago

A typewriter is a function. You press a key and you get one and only one result right? 1 to 1

AI generatively creates different output every time.

2OEH8eoCRo0•about 2 hours ago

Here we go with the "speech" again. Anything that regulates big tech is met with cries about speech. Very convenient.

If AI Outputs Aren't Speech, Who Has to Prove They're Human?

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