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Ellen Goodman

Ellen Goodman

American journalist

Sep 22, 2026

8:09
How can I object to that scheme?
8:12
So I'm going to answer your question, but let me maybe level set a little bit about the First Amendment and its implications.
8:19
application here.
8:20
So the speech clause of the First Amendment, as most of you know, says Congress shall make no law abridging the freedom of speech and of the press.
8:28
Okay, so in the context of AI, what might we be concerned about in the speech context and what might Congress or the states try to regulate? So I think, you know, as a first order concern, we're concerned about losing cognitive autonomy, about de-skilling, about offloading our thinking process to machines.
8:54
And the First Amendment, you know, at root, those are its words, but at root, its conception is that we need to be able, we free people in a republic need to be able to think what we will and express what we might, and that machines are interfering with that.
9:13
Okay, so how might they interfere with that? I can just list a few of the concerns, which you should feel free to add to them.

13 MINS LATER

22:08
Can you walk us through just the sort of First Amendment landscape in the world of AI?
16:21
Is there any existing precedent for a First Amendment right of equal access to a government official's communications?
16:28
I think yes and no.
16:31
So the basic law, First Amendment law, is that there is no right of access to government information outside of sort of criminal justice, court access context.
16:43
However, when the government decides to make information public, and that's its choice, it then can't condition access or it can't restrict access.
16:54
One, based on viewpoint or the content.
16:58
That doesn't seem to be what's going on here.
17:01
But two, it also can't do it for just illegitimate or arbitrary reasons.
17:41
So to your point that the amendment prohibits granting preferential access to government information for arbitrary and irrational reasons, how do you think the court should evaluate this claim?

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