
Tech Policy Podcast 414: Beware the Butlerian Jihad
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Jul 21, 2025 Nico Perrino, Executive Vice President at FIRE and host of So to Speak: The Free Speech Podcast, and Ari Cohn, Counsel lead for tech policy at FIRE, dig into pressing issues affecting technology and free speech. They discuss the end of the AI moratorium and its implications for regulation. The duo examines a controversial lawsuit involving an AI chatbot and its First Amendment rights, alongside the complexities of the FTC's censorship campaign and Europe's Digital Services Act, which threaten American freedom of expression.
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Regulation Can Skew Model Outputs
- Government-mandated fairness or disparate-impact rules could force LLMs to skew outputs and produce a distorted version of reality.
- That distortion risks cascading model collapse as flawed outputs feed future models and policies.
Labeling AI Output Non‑Speech Is Dangerous
- Courts considering whether AI outputs are speech risk misreading precedents like Justice Barrett's concurrence.
- Treating LLM output as nonexpressive would allow broad regulation of information generated by AI.
Treat AI Outputs As Protected Speech
- Defend AI outputs as protected speech to prevent easy government regulation of information tools.
- Preserve listeners' right to receive information because words have impact regardless of the author's intent.





