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LLMs and SCOTUS

The post argues that Supreme Court precedent makes AI output—specifically large language model (LLM) text—protected speech, limiting the government’s ability to regulate the AI industry. It traces the Court’s shift from the "clear and present danger" test to the "imminent lawless action" standard and notes the expansion of First Amendment protections after Miller v. California. By treating AI-generated language as expression, the author contends most regulatory attempts would be unconstitutional. While acknowledging uncertainty, the piece predicts that when AI reaches the Supreme Court, the justices may still side with government interests, though scholars largely disagree.