Can AI publications on social networks be considered as protected freedom of expression?
According to McBrien, whether AI posts on social media are protected by the freedom of expression varies depending on the circumstances. In the Moody/Paxton lawsuits, NetChoice was attempting to argue that newsfeed generation always involves expression.
According to McBrien, whether AI posts on social media are protected by the freedom of expression varies depending on the circumstances. In the Moody/Paxton lawsuits, NetChoice was attempting to argue that newsfeed generation always involves expression. However, the Court dismissed this broad approach and sent the case back to lower courts for a more detailed analysis. They wanted the lower courts to examine the specific activities related to newsfeed construction that are considered expressive under the law.
The Justices were, nonetheless, open to the notion that employing algorithms for expressive purposes might warrant lesser First Amendment protection. This depends on factors such as how closely and accurately the algorithm conveys the intended message of a human being, as per McBrien.
In particular, the majority of the Court believed that when content moderators on social media platforms enforce guidelines regarding content and community standards, like restrictions on harassment or pro-Nazi material, these actions are entitled to First Amendment protections. “Therefore, if an algorithm is employed to enforce these guidelines, the majority indicated that it could also be granted protections under the First Amendment,” McBrien added.
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