ACLU Argues New Laws Regulating Deepfakes Infringe on Free Speech

The ACLU is fighting to protect free speech rights related to AI-generated content, arguing that some of the new laws regulating deepfakes and other AI outputs conflict with the First Amendment. This stance is leading to an uncomfortable reckoning for the movement to control AI.

Key takeaways: AI itself has no rights, but people using AI to communicate have First Amendment protections. The ACLU contends that citizens have a constitutional right to use AI to spread untruths, just as they do with other forms of speech. Restricting who can listen to AI-generated speech would also infringe on the “right to listen.”

Concerns about proposed regulations: The ACLU and other civil liberties groups have raised issues with various federal and state efforts to regulate AI content:

• Overly broad rules against election-related deepfakes that go beyond voter suppression to criminalize protected political speech.
• Mandatory labeling of all AI-generated content, which compels additional speech.
• Granting publicity rights to protect against AI mimicry, which could enable suppression of satire, parody, and criticism.

Balancing harms with free speech: While acknowledging the serious potential for deepfakes to cause harm, the ACLU argues existing laws around issues like harassment are largely sufficient to address misuse. Redrawing free speech protections, even slightly, to regulate AI could set dangerous precedents for government control over expression.

Analyzing deeper: The ACLU’s stance highlights the challenges in regulating a powerful new technology that is already being widely adopted. Some question whether AI outputs truly warrant the same First Amendment protections as human speech, given their unprecedented scale, reach, and optimization for virality. Finding the right balance between mitigating AI harms and preserving bedrock civil liberties around free expression will be an ongoing challenge as the technology evolves. The ACLU’s legal challenges to AI regulations could significantly shape that fraught process.