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.
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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.