The Conversation: AI Chatbots Refuse to Produce ‘Controversial’ Output − Why That’s A Free Speech Problem

By Jacob Mchangama and Jordi Calvet-Bademunt Google recently made headlines globally because its chatbot Gemini generated images of people of color instead of white people in historical settings that featured white people. Adobe Firefly’s image creation tool saw similar issues. This led some commentators to complain that AI had gone “woke.” Others suggested these issues resulted from faulty efforts […]

Tech Policy Press: Digital Services Act Roundup: February – March 2024

By Jordi Calvet-Bademunt Overview: The Digital Services Act (DSA), Europe’s online safety rulebook, finally became applicable to all companies on February 17, 2024. Until then, it only applied to the so-called very large online platforms (VLOPs) and very large online search engines (VLOSEs). February 17th was also the date EU Member States were required to designate […]

Naples Daily News: Florida Abandons Free Speech Principles to Combat DEI Excesses

By Jacob Mchangama It is undeniable that the proliferation of diversity, equity, and inclusion (DEI) programs on college campuses and in the workplace has contributed to a censorious atmosphere throughout U.S. culture. Some employees fear reprisal for speaking about certain issues in the office while college faculty and guest speakers have been shouted down, condemned, disinvited, or […]

Persuasion: How to Fight Misinformation Without Censorship

By Jacob Mchangama 2024 is a pivotal year for the future of global democracy, as some two billion—about half the adult population of the globe—will have the chance to vote. Even though more people will cast a ballot in 2024 than any previous year, the prevailing mood seems more fearful than celebratory. In the words of […]

WSJ: J.K. Rowling Is Right to Protest Hate-Speech Laws

By Jacob Mchangama Should J.K. Rowling face criminal charges for misgendering someone on social media? In March, transgender British TV personality India Willoughby reported the “Harry Potter” author to the police for posting that “India didn’t become a woman. India is cosplaying a misogynistic male fantasy of what a woman is.” Willoughby was about a month […]

Schweizer Monat: Censorship Doesn’t Prevent Hatred

By Jacob Mchangama 2023 was a disastrous year for free speech in liberal democracies. Unfortunately, 2024 only promises to deepen the free speech recession that has been sweeping open societies for years. On October 7th 2023, Hamas operatives carried out the deadliest single attack on Jews since the Holocaust. Some 1,200 people were killed including […]

amaBhungane: There is a Global Free Speech Recession and South Africa is not immune

By Jacob Mchangama and Caroline James A new Bill working its way through the South African Parliament has the potential to dramatically alter the freedom of speech environment in the country. The General Intelligence Laws Amendment Bill (Gilab) threatens to introduce security vetting of individuals and institutions ‘of national security interest’ and creates a bulk […]

Lawfare: Have Trouble Understanding Section 230? Don’t Worry. So Does the Supreme Court.

By Jeff Kosseff Last year, the Supreme Court had a chance to interpret Section 230 of the Communications Decency Act for the first time. The Court was hearing Gonzalez v. Google, in which the lower court held that the 1996 law shielded Google from a lawsuit filed by the family of an Islamic State shooting victim. During oral […]

TIME: The Future of Censorship Is AI-Generated

By Jacob Mchangama and Jules White The brave new world of Generative AI has become the latest battleground for U.S. culture wars. Google issued an apology after anti-woke X-users, including Elon Musk, shared examples of Google’s chatbot Gemini refusing to generate images of white people—including historical figures—even when specifically prompted to do so. Gemini’s insistence on prioritizing diversity […]

Tech Policy Press: Digital Services Act Roundup – July 2023 – January 2024

Background. The European Commission has been busy at work since the entry of the Digital Services Act (DSA) into force in November 2022. The DSA aims to create “a safe, predictable and trusted online environment.” To do so, it imposes a number of due process, transparency, and due diligence obligations on online companies, referred to by the law […]