Skip to content
Search

Latest Stories

Follow Us:
Top Stories

xAI Pushes Free Speech Theory Into New AI Lawsuits

xAI’s push to give chatbots constitutional rights falters as states defend AI rules.

Opinion

Judge's Gavel Hammer as a Symbol of Law and Order with Processor CPU AI Chip.

Elon Musk’s xAI company is challenging AI regulations in Colorado after losing in California, arguing that limits on artificial intelligence violate free speech. As Connecticut enforces its own AI law, this case could shape the future of AI regulation, corporate accountability, and constitutional rights in the United States.

Getty Images, Alexander Sikov

Elon Musk's AI company, xAI, is on a legal road trip. After losing in California, it filed suit in Colorado asking a court to declare the state's artificial intelligence regulations unconstitutional. The argument is essentially the same one that already failed. Meet the new boss. Same as the old boss.

For Connecticut residents, this is not just the next state in the alphabet that has passed AI legislation. Connecticut was one of the first states in the nation to adopt an AI law, requiring companies to disclose when AI is being used in critical decisions like employment, housing, credit, or healthcare. That law is already drawing scrutiny from the technology industry. What xAI tried to do in California and now in Colorado is a preview of what we may face in Connecticut.


Echoing its unsuccessful claim in the Colorado suit, xAI alleges that regulating AI violates freedom of speech. They argue that requiring AI systems to avoid discriminatory outputs is essentially the state engaging in unlawful discrimination. While it’s a creative position, it is wrong.

At the heart of this case is an attempt to give a software program constitutional rights that exclusively belong to human beings. xAI wants a court to treat Grok, a chatbot that runs on algorithms and training data, as the legal equivalent of a human being with First Amendment protections. Whether one applies a textualist or pragmatic approach to constitutional interpretation, knighting software as humans is so far from what the Framers envisioned that it simply does not compute. The court in California didn’t buy xAI’s argument, and the Colorado court likely won’t either. We should gird ourselves in Connecticut for xAI to come for us also.

Just as Grok was created by humans, so was your smart oven. It also runs on software and algorithms. If it overrides your temperature setting and burns your dinner, has it exercised a constitutional right? If its algorithm sets the kitchen on fire and burns the house down, is that protected expression? Or is it simply a dangerous product that needs to be regulated?

We regulate dangerous products like pharmaceuticals, cars, medical devices, and financial instruments, not to silence anyone, but because products affect real people, and real people deserve protection. Software, not so much. When an AI model produces discriminatory outputs by denying someone a loan, misidentifying a face that leads to arrest, or steering housing opportunities away from protected groups, those outputs cause real harm to real people. Connecticut lawmakers understood that when they passed our AI law. Preventing that harm is not censorship, and it certainly doesn’t deny anyone’s right to free speech. It is the government doing exactly what governments exist to do.

The First Amendment protects people and, to some extent, corporations. But those rights do not extend to the products they make. A car company can lobby against safety regulations, but the car cannot claim a right to run red lights. xAI can argue in every courtroom in America that AI regulation is bad policy. They’re entitled to their opinion, and we can applaud their right to express it and give them their day in court. But a chatbot does not have a constitutional right to generate discriminatory content without government oversight.

This litigation isn’t really about free speech. It is about money. Meaningful AI regulation requires companies to be transparent about how their systems are trained, what data they use, and what their models actually do. That slows deployment, which translates into lost profit potential. Calling regulation censorship is a strategy for avoiding those obligations, not a principled stand for civil liberties.

A spoon does not have rights. A range does not have rights. A chatbot does not have rights. Connecticut residents affected by what those tools produce is a different matter entirely.


Monique Mattei Ferraro is a Watertown-based cybersecurity and privacy attorney and Adjunct Professor at Albany Law School Computer Crimes and Electronic Evidence Lab, teaches cyber law, and is a regional co-leader for Lawyers Defending American Democracy’s Meeting the Moment initiative in New England. Her work focuses on cybersecurity, privacy and artificial intelligence.


Read More

My Generation Can Spot the Deepfake. That’s Not Enough.
Smartphone with ai text in jeans pocket
Photo by Immo Wegmann on Unsplash

My Generation Can Spot the Deepfake. That’s Not Enough.

Thomas Massie, a seven-term Republican congressman from Kentucky, lost his primary on May 19. The race cost $32.6 million, making it the most expensive congressional primary in U.S. history. Among the weapons deployed against him: an AI-generated video showing him checking into a hotel room with Representatives Alexandria Ocasio-Cortez and Ilhan Omar, with their hands clasped. The narrator called it "worse than adultery." A disclaimer at the bottom of the screen, in small text, read: "This satirical ad was created with artificial intelligence."

I watched the ad. It looks ridiculous. The movements are slightly too smooth, the lighting is off, and the scenario is so cartoonish that I genuinely could not tell at first whether it was meant to be taken seriously. But I'm 17, and I've spent the last four years watching AI-generated content get better in real time. I know what the seams look like. Massie, in his post-loss interview on Meet the Press, was blunt about who the ad actually reached: "It was actually very effective on the boomers."

Keep ReadingShow less
An illustration with the words, "AI," in the middle - Icons on a computer, robot, lock, and a car are around

AI is unpopular yet widely used. Explore how citizen-led “crackpot schemes” could shape AI policy, protect jobs, strengthen democracy, and maximize AI’s benefits while reducing its risks.

Andriy Onufriyenko / Getty Images

In Defense of “Crackpot Schemes” for AI Governance

AI is unpopular. And nearly a billion people use ChatGPT.

AI is destroying jobs. And fields predicted to have been eliminated by AI, like radiology, continue to grow and leverage the technology to improve their work.

Keep ReadingShow less
Digital illustration of robot's hand holding and supporting man who is working on his desk using computer, represent themes of artificial intelligence (AI), the future of work, and the intersection of humanity and technology.

A critique of Steven Rosenbaum's The Future of Truth and the irony of AI-generated errors in a book warning about AI, truth, trust, and democratic responsibility.

Andriy Onufriyenko / Getty Images

On Truth, Shame, and the Abuse of AI

A democracy is only as robust and vibrant as the citizens who sustain it. Self-government depends upon people willing to deliberate honestly, reason carefully, and exercise judgment responsibly. With the emergence of AI, this obligation becomes even more consequential because these powerful systems can either deepen human agency or quietly erode it. They can either help citizens think more clearly and participate more meaningfully, or they can encourage the outsourcing of judgment itself and the slow substitution of synthetic plausibility for human responsibility.

Imagine, then, publishing a book warning humanity about the epistemological collapse supposedly ushered in by artificial intelligence. Imagine assembling endorsements from solemn guardians of the humanities, critics of automation, custodians of truth, defenders of interpretation against probabilistic sludge. Imagine presenting yourself as a kind of intellectual fire marshal standing before a burning building, yelling that people must immediately stop playing with matches.

Keep ReadingShow less