As ChatGPT and other generative AI platforms have taken off, they’ve demonstrated exciting possibilities about the potential benefits of artificial intelligence; while at the same time, have raised a myriad of open questions and complexities, from how to regulate the pace of AI’s growth, to whether AI companies can be held liable for any misinformation reported or generated through the platforms. Earlier this week, the first ever AI defamation lawsuit was filed, by a Georgia radio host who claims that ChatGPT falsely accused him of embezzling money. The case presents new and never-before answered legal questions, including what happens if AI reports false and damaging information about a real person? Should that person be able to sue the AI’s creator for defamation? In this episode two leading First Amendment scholars—Eugene Volokh of UCLA Law and Lyrissa Lidsky of the University of Florida Law School— join to explore the emerging legal issues surrounding artificial intelligence and the First Amendment. They discuss whether AI has constitutional rights; who if anyone can be sued when AI makes up or mistakes information; whether artificial intelligence might lead to new doctrines regarding regulation of online speech; and more.
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Today’s episode was produced by Lana Ulrich, Bill Pollock, and Sam Desai. It was engineered by Greg Scheckler. Research was provided by Rosemary Li, Sam Desai, and Lana Ulrich.
Participants
Eugene Volokh is the Gary T. Schwartz Distinguished Professor of Law at the UCLA School of Law. He’s the founder of the leading legal blog The Volokh Conspiracy blog and the author of a new paper on AI legal issues called “Large Libel Models.”
Lyrissa Lidsky is the Raymond & Miriam Ehrlich Chair in U.S. Constitutional Law at the University of Florida Law School. She’s a leading voice on free speech online and the author of several articles on the law of defamation.
Jeffrey Rosen is the president and CEO of the National Constitution Center, a nonpartisan nonprofit organization devoted to educating the public about the U.S. Constitution. Rosen is also professor of law at The George Washington University Law School and a contributing editor of The Atlantic.
Additional Resources
- Eugene Volokh, Volokh Conspiracy, “First (?) Libel-by-AI (ChatGPT) Lawsuit Filed” (June 6, 2023)
- Walters v. OpenAI L.L.C., No. 23-A-04860-2
- Eugene Volokh, Large Libel Models? Liability for AI Output
- Eugene Volokh, Volokh Conspiracy, “The Great Success of Artificial Intelligence” (June 7, 2023)
- Lyrissa Lidsky, “Silencing John Doe: Defamation & Discourse in Cyberspace”, Duke Law Journal (2000)
- Lyrissa Lidsky, “Of Reasonable Readers and Unreasonable Speakers: Libel Law in a Networked World” (2016)
Transcript
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This transcript may not be in its final form, accuracy may vary, and it may be updated or revised in the future.
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