Ilan Kogan (Yale U Law) has posted “Artificial Intelligence, Existential Risk, and the First Amendment” (University of Pennsylvania Journal of Constitutional Law Vol. 27, March 2025) on SSRN. Here is the abstract:
In May 2023, hundreds of public figures signed a statement warning of the growing risk of human extinction from sophisticated artificial-intelligence systems. Yet, in many important cases, the outputs of sophisticated artificial-intelligence systems qualify as protected speech for First Amendment purposes. Regulators’ increasing focus on the potential for artificial intelligence to extinguish humanity is thus minimally actionable. Sophisticated artificial-intelligence systems are unlikely to present sufficient risk such that their regulation may subvert the Constitution. By limiting unnecessary regulation aimed at speculative risks, the First Amendment helps ensure that the United States will benefit from important technological advances in the twenty-first century.