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We the People

Artificial Intelligence, Defamation, and New Speech Frontiers

We the People

National Constitution Center

News, News Commentary, History

4.61.1K Ratings

🗓️ 9 June 2023

⏱️ 55 minutes

🧾️ Download transcript

Summary

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.  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) Questions or comments about the show? Email us at podcast@constitutioncenter.org.    Continue today’s conversation on Facebook and Twitter using @ConstitutionCtr.    Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate, at bit.ly/constitutionweekly.

Transcript

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0:00.0

Earlier this week, the first ever AI defamation lawsuit was filed by a Georgia radio

0:06.4

host who claims that chat gPT falsely accused him of embezzling money.

0:10.9

It's time for a conversation about AI and the First Amendment. be for defamation and who or what is liable and how does AI which has neither reason nor

0:26.1

conscience challenge the underlying principles of the First Amendment that we protect free

0:30.6

speech to protect freedom of conscience and the rule of reason.

0:39.2

Hello friends, I'm Jeffrey Rosen, president and CEO of the National Constitution Center, and welcome to We The People, a weekly show of constitutional debate.

0:47.0

The National Constitution Center is a nonpartisan nonprofit, chartered by Congress to increase awareness and understanding of the Constitution

0:54.4

among the American people. Joining us today to help us understand the emerging

0:59.8

legal issues surrounding artificial intelligence and the First Amendment are the two leading thinkers on this topic.

1:06.4

I'm so excited to convene them and can't wait to learn from them.

1:09.7

Eugene Balak is the Gary T Schwartz Distinguished Professor of Law at the UCLA School of Law.

1:15.2

He's the founder of the legal blog The Vollick Conspiracy and author of a new paper on AI legal issues called

1:21.6

Large Lival Models. Eugene Vollick, welcome legal issues called large liable models.

1:24.0

Eugene Pollack, welcome back to We The People.

1:26.5

Thanks for having me.

1:28.3

And Larissa Linsky is the Raymond and Miriam Erlich chair

1:31.2

in US constitutional law at the University of Florida law school.

1:34.2

She's a leading voice on free speech online and the author of several important articles on the law

1:38.5

definition. Professor Litzky is wonderful to welcome you to We the People.

1:42.8

Thank you.

1:44.2

Eugene Volick, let's begin by describing this very well time

1:48.8

for our purpose, Georgia case.

...

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