| | |
|
MichaelMacKayFirstPaper 6 - 01 Jun 2025 - Main.MichaelMacKay
|
| |
| META TOPICPARENT | name="WebPreferences" |
|---|
First Amendment, First Impressions: Regulating AI in Elections | | | A Bipartisan Boogeyman | |
<
< | How does an AI-generated campaign video differ from an AI-edited campaign video as a matter of regulation? This essay examines the extent to which using AI tools is discernible from using other software, as protected under the First Amendment, since recent laws have aimed to curb the use of AI in elections. Recently, S.1213, a bipartisan bill, was introduced in the Senate to stamp out AI-generated content from federal elections. Thus, this essay proceeds by (1) establishing the First Amendment framework for protecting software as a means of expression, (2) showing how the proposed amendment to Title III of the Federal Election Campaign Act of 1971 bears on that framework, and (3) exploring the extent to which that burden likely implicates a false dichotomy. After examining legal precedents, novel changes, and technical realities in AI, such regulations like S.1213 are unconstitutional or unwise. | >
> | How does an AI-generated campaign video differ from an AI-edited campaign video as a subject of regulation? This essay examines the extent to which AI tools are discernible from other kinds of software, whose use is protected under the First Amendment, as recent laws have aimed to curb the use of AI in elections. Recently, S.1213, a bipartisan bill, was introduced in the Senate to stamp out AI-generated content from federal elections. Thus, this essay proceeds by (1) establishing the First Amendment framework for protecting software as a means of expression, (2) showing how the proposed amendment to Title III of the Federal Election Campaign Act of 1971 bears on that framework, and (3) exploring the extent to which that burden likely implicates a false dichotomy. After examining legal precedents, novel changes, and technical realities, such regulations like S.1213 are likely unconstitutional and unwise. | | |
The First Amendment Issue |
|
|
|
|
This site is powered by the TWiki collaboration platform.
All material on this collaboration platform is the property of the contributing authors.
All material marked as authored by Eben Moglen is available under the license terms CC-BY-SA version 4.
|
|
| | |