News commentary

Does AI Have Speech Rights?

Columbia Journalism Review · Anika Collier Navaroli · last updated

Journalists using LLMs should know about the implications for their First Amendment protections.

Q: I’m considering using AI to write a draft of a story. But I’ve heard that there are some legal fights brewing over whether AI output could be protected under the First Amendment. Is that true, and if so, does that mean my work wouldn’t be protected?

A: As I wrote in my last column, each time a journalist uses generative AI in their work, they are opening themselves up to novel legal risks. Right now, without concrete legal precedent, the answer to your question mostly depends on who you ask. Since this is Ask Anika, here’s my answer.

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