News & Analysis as of

Artificial Intelligence First Amendment

Spilman Thomas & Battle, PLLC

The Academic Advisor - Education Law Insights, Issue 4, May 2025

Welcome to our fourth issue of The Academic Advisor for 2025. In this edition, we cover the following topics of interest for schools, institutions of higher education, and other education-focused organizations: - How a...more

Jackson Lewis P.C.

‘Catch and Revoke’ Program Takes Off: State Department AI-Driven Visa Crackdown

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The U.S. State Department’s “Catch and Revoke” program uses artificial intelligence (AI) to monitor foreign nationals, particularly student visa holders. The program aims to identify individuals who express support for Hamas,...more

ArentFox Schiff

California Law Seeking to Regulate Social Media Use by Minors Raises First Amendment Issues

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California recently enacted the Protecting Our Kids from Social Media Addiction Act, sparking pushback from online entities who argue the law is an unconstitutional restriction on children’s First Amendment rights and a...more

Esquire Deposition Solutions, LLC

AI Expert’s Report Deemed Unreliable Due to “Hallucinations” Within

“The irony.” So wrote federal district judge Laura M. Provinzino when she rejected as unreliable an artificial intelligence expert’s report that was found to have contained three non-existent, AI-generated citations. The...more

Verrill

"The Irony": Can attorneys trust experts in the age of AI?

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In 2023, a new law went into effect in Minnesota to regulate the use of deep fake technology to influence elections. In 2024, Christopher Kohls, a YouTube personality known as “Mr Reagan,” and Rep. Mary Franson of the...more

Morrison & Foerster LLP - Social Media

Social Links: TikTok’s Wild Ride

In a rare unanimous decision, on January 17, the U.S. Supreme Court upheld a law that bans TikTok in the United States on national security grounds so long as it has its current ownership structure. TikTok chose to make the...more

Zuckerman Spaeder LLP

New Question for Expert Witness: Who Drafted This Report, You Or Your Machine?

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A federal judge in Minnesota recently granted a motion to exclude an expert declaration explaining the dangers of AI deepfakes because the declaration itself contained AI-hallucinated citations. The case was a First Amendment...more

Morrison & Foerster LLP - Social Media

2024 Recap: Ten Lords A-Leaping!

As the world’s premier blog and go-to source for insightful, pithy commentary on the law and business of social media (EDITOR’S NOTE: this claim has not been verified), the team at Socially Aware feels socially responsible to...more

Nelson Mullins Riley & Scarborough LLP

Rytr or Wrong: Is the FTC’s Operation AI Comply a Prudent Defense Against Deception or an Assault on Innovation and Constitutional...

In today’s rapidly evolving digital economy, new artificial intelligence tools promise to transform every industry. Sometimes, those promises are overblown or outright deceptive. So, as the AI hype cycle continues, regulators...more

Morrison & Foerster LLP - Social Media

Social Links: TikTok Trademarks, Social Signposts, And Robot Rock

Sick of the “very demure, very mindful” social media trend yet? The U.S. Patent and Trademark Office probably is too. Our national nightmare began on August 5 when TikToker Jools LeBron uploaded a video of herself...more

Davis Wright Tremaine LLP

Digital Replicas and the First Amendment: The Latest in Artificial Intelligence Legislation

Image-generating technology is accelerating quickly, making it much more likely that you will be seeing "digital replicas" (sometimes referred to as "deepfakes") of celebrities and non-celebrities alike across film,...more

Jenner & Block

Client Alert: U.S. Copyright Office Issues “Digital Replica” Report Finding Urgent Need for New Federal Legislation

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Last year, the U.S. Copyright Office commenced a far-reaching policy study concerning copyright and related issues raised by the widespread availability and use of artificial intelligence (AI). This week, the Office released...more

Pillsbury Winthrop Shaw Pittman LLP

FCC Attempts to Regulate Artificial Intelligence in Political Advertising Through New Disclosure Requirements - July 2024

The proposed rule would require radio and TV broadcasters to inquire of political advertisers as to whether their ad includes AI-generated content. A broadcast station that receives a candidate or issue ad containing...more

Pillsbury - CommLawCenter

FCC Attempts to Regulate Artificial Intelligence in Political Advertising Through New Disclosure Requirements

The FCC last week released a highly anticipated Notice of Proposed Rulemaking (“NPRM”) seeking comment on proposed disclosure requirements for political ads containing AI-generated content.  The item was adopted earlier this...more

Perkins Coie

Supreme Court Finds First Amendment Barriers to TX and FL Social Media Regulation

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On July 1, 2024, the Supreme Court of the United States ruled in Moody v. NetChoice, LLC that laws regulating large social media platforms passed by Texas and Florida likely offend the First Amendment in at least some...more

Benesch

Exploring First Amendment and Editorial Judgment Protections for Large Language Models

Benesch on

Large language model (LLM) companies are at the forefront of artificial intelligence technology. They create tools that generate and provide information through sophisticated algorithms....more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

[Webinar] Trademark Trends: A Mid-Year Review - July 17th, 1:00 pm - 2:00 pm EDT

Join Sterne Kessler’s Global Trademark & Brand Protection team for our mid-year review webinar, when we will take a closer look at the latest developments in trademark law. From recent court decisions to industry-trends, our...more

Venable LLP

Tennessee Out Front: Enacting Protections Against AI Misuse in the Music Industry

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Last month, Tennessee Governor Bill Lee signed into law the Ensuring Likeness Voice and Image Security Act of 2024—known as the “ELVIS Act”—making Tennessee the first state to address head-on potential misuses of artificial...more

Perkins Coie

AI-Generated Deepfakes and the Emerging Legal Landscape

Perkins Coie on

As artificial intelligence (AI) technology becomes ubiquitous, news stories regarding the use (and abuse) of deepfakes—that is, AI-generated media used to impersonate real individuals—are increasingly common. For example,...more

Davis Wright Tremaine LLP

Tennessee, All Shook Up Over AI-Generated Voice Replicas, Passes ELVIS Act

Elvis may have left the building, but his impact on the right of publicity continues to be an integral part of Tennessee law. And the King's legacy now includes efforts to control the proliferation of artificial intelligence...more

Seyfarth Shaw LLP

The King is dead; long live the King: Tennessee’s Updated Right of Publicity Statute

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Tennessee has joined the ranks of states regulating, in various ways, the use of artificial intelligence to manipulate an individual’s likeness. On March 21, 2024, Gov. Bill Lee said “thank you very much” to the Tennessee...more

Spilman Thomas & Battle, PLLC

The Academic Advisor - Education Law Insights, Issue 3, March 2024

Welcome to the third issue of The Academic Advisor for 2024. In this edition, we examine the following topics of import for schools, institutions of higher education, and other education-focused organizations: -...more

Venable LLP

Synthetic Content, Real Regulations: Regulation of Artificial Intelligence in Political Advertising

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As campaigns explore new ways to harness artificial intelligence, regulators are rushing to keep pace ahead of the 2024 elections. The explosion in generative AI has put pressure on lawmakers and advertising platforms alike...more

Vinson & Elkins LLP

Is Everything Better in Moderation? Circuit Split on Content Moderation to Be Heard by SCOTUS

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On February 26, 2024, the United States Supreme Court is set to hear oral argument in two cases currently before the Court, Moody v. NetChoice and NetChoice v. Paxton. At their core, these cases raise the question as to...more

Skadden, Arps, Slate, Meagher & Flom LLP

Motion To Dismiss Ruling Provides Insight Into How Courts View AI Training Data Cases

A recent decision by a California district court in J. Doe 1 v. GitHub, Inc., a case brought by computer programmers alleging that their works had been used to train AI models that generate computer code in violation of their...more

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