The paper argues that GenAI outputs are not First Amendment-protected speech because the models have no communicative intent, so users have no speech right to receive them and regulators need not meet strict scrutiny.
63 It does not provide any output deliberately, purposefully, or with thoughts, desires, or beliefs because it does not contain the capacity for such conditions
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Intentionally Unintentional: GenAI Exceptionalism and the First Amendment
The paper argues that GenAI outputs are not First Amendment-protected speech because the models have no communicative intent, so users have no speech right to receive them and regulators need not meet strict scrutiny.