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The Lawfare Podcast

Lawfare Archive: AI Regulation and Free Speech: Navigating the Government’s Tightrope

The Lawfare Podcast

The Lawfare Institute

History, Military, International Relations, Government, Constitutional Law, News, International Law, Current Events, Politics, Rule Of Law, Law, Foreign Policy, Diplomacy, National Security, Intelligence, Terrorism

4.76.4K Ratings

🗓️ 27 November 2025

⏱️ 84 minutes

🧾️ Download transcript

Summary

From November 25, 2024: At a recent conference co-hosted by Lawfare and the Georgetown Institute for Law and Technology, Georgetown law professor Paul Ohm moderated a conversation on "AI Regulation and Free Speech: Navigating the Government’s Tightrope,” between Lawfare Senior Editor Alan Rozenshtein, Fordham law professor Chinny Sharma, and Eugene Volokh, a senior fellow at Stanford University's Hoover Institution.

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Transcript

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0:00.0

Nearly every news alert in 2025 has raised questions, some old, some new, about the law and national security.

0:08.0

And now you get the chance to ask Lawfare directly. It's time for our annual Ask Us Anything Mailbag podcast, an opportunity for you to ask Lawfare this year's most burning questions.

0:19.0

You can submit your question by leaving a voicemail at

0:22.1

202-643-8474 or by sending a recording of yourself asking your question to Ask Us Anything Lawfare

0:32.8

at gmail.com by December 16th.

0:47.0

Happy Thanksgiving.

0:51.3

I'm Isabella Royo, Internet Lawfare, with an episode from the Lawfare Archive for November 27, 2025.

0:55.7

The rapid development of generative artificial intelligence, or AI tools, has raised a wide range of questions about how we regulate speech.

1:01.5

Now, as AI-generated messaging features increasingly prominently both in political campaigns

1:06.0

and in federal government messaging, the question of AI-generated contents relationship with the First Amendment

1:11.4

is becoming still more salient. For today's archive, I selected an episode from November 25,

1:16.7

2004, in which Paul Ome moderated a conversation between Alan Rosenstein, Cheney Sharma,

1:22.5

and Eugene Volok. They discussed the intersection of generative AI in the First Amendment,

1:27.0

how cheap speech affects free speech, the best role for government regulation, and more.

1:40.8

It's the Lawfare podcast. I'm Alan Rosenstein, associate professor at the University of Minnesota Law School,

1:46.6

and senior editor and research director at Lawfare.

1:49.3

Today we're bringing you a conversation from a conference on AI liability

1:52.7

that Lawfare co-hosted earlier this year with the Georgetown Institute for Law and Technology.

1:57.9

I'm skeptical about like a big AI law.

2:01.6

Even if we don't get to holistic AI regulation for all AI, we have agencies that address a lot of high-risk industries that might be already pretty technically confident at figuring out what kind of AI is nuclear

2:19.1

and what kind of AI is cars within their domain.

2:23.0

Georgetown Law Professor Paul Ome moderated a conversation between me, Fordham Law

...

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