This is interesting to contrast with the xAI lawsuit against Colorado over SB24-205. I think the laundering of liability for illegal and defamatory output is far more valuable to companies, but it would be a cherry on top if US courts also say such algorithmic output shall not receive 1A protection.
Jed Brown
xAI would like courts to hold simultaneously that:
1. illegal outputs (CSAM, unlicensed practice of medicine/law, fraud) from their product are the sole liability of the prompter and
2. outputs are also 1A-protected speech by xAI and cannot be restricted by laws
Jed Brown
Elon Musk’s xAI sues over Colorado’s AI antidiscrimination law, claiming it’s a threat to Grok’s free speech
The lawsuit was filed at a time when the Trump administration looks to preempt state regulations of AI models through executive fiat
