Nathan N. 2026 | BASIS Independent Silicon Valley
- Project Title: Free Speakers: Artificial Intelligence and the First Amendment
- BASIS Independent Advisor: Brady
- Internship Location: Legal Advocates for Safe Science and Technology
- Onsite Mentor: Tyler Whitmer - President/CEO/Board member at Legal Advocates for Safe Science and Technology (LASST)
My name is Nathan Nana, and my project examines the relationship between artificial intelligence (“AI”) and the first amendment. A large majority of my research will be conducted online, as my sources will be papers written by law professors, relevant supreme court cases, and articles that describe the use of AI in our society. My final product will be a paper detailing the analysis courts should conduct when faced with specific first amendment problems concerning AI. Ultimately, I will answer to what extent AI tools and platforms have first amendment protections, and who/what has a right to claim those first amendment protections. The current legal analysis of first amendment implications on AI fails to thoroughly consider the decision the supreme court made in Moody v. Netchoice, ruling that AI outputs of companies are considered as the company’s protected speech. A concurrence in the case hints at the implications the case bears on large language models (“LLMs”), though it does not provide a concrete explanation to any of the ambiguity it highlights. My analysis will consider the decision with the way in which people use AI to express themselves. My paper will also seek to define what expression via AI looks like under the law, and examine to what extent the public should be able to use AI to express themselves. Corporations have been endowed with limited protections under the constitution, and I’ll draw analogies between corporations and specific AI models, namely agentic models. The personhood vested in corporations through a string of supreme court cases—with first amendment protections solidified in Citizens United v. FEC—was largely supplied due to the ways in which corporations are used as vehicles for action in our society. Through laying a cultural background for the use of AI, my analysis will cover all aspects of expression at stake. Doing so will ensure a robust strict scrutiny analysis of the issue at hand.
