avatar
AkivaMCohen @akivamcohen.bsky.social

a defense. But they can't fall backwards into 1A protection without some measure of expressive intent

sep 1, 2025, 3:01 pm • 6 0

Replies

avatar
Ari Cohn @aricohn.com

I don't think that's right. If true, is the parade not expressive if the organizers try to exclude certain messages but fail, resulting in an unintended viewpoint being disseminated? The fact that they are trying to eliminate the output in the first place means the result is inherently expressive.

sep 1, 2025, 5:19 pm • 0 0 • view
avatar
AkivaMCohen @akivamcohen.bsky.social

No, the fact that they're attempting to eliminate the output means they have no 1A interest in keeping the output

sep 1, 2025, 6:40 pm • 1 0 • view
avatar
Ari Cohn @aricohn.com

I don't think "protection depends on what the ideas are" is going to be a winning argument. Besides this is all undercut by the desire to impose liability because they advertise a "truth machine." "providing useful answers to your prompts" is expressive intent even if an answer isn't useful.

sep 1, 2025, 6:44 pm • 0 0 • view
avatar
Ari Cohn @aricohn.com

It doesn't matter omif the answer is ultimately useful or not. The desire that it be is enough.

sep 1, 2025, 6:45 pm • 0 0 • view
avatar
Ari Cohn @aricohn.com

Put another way: failure to communicate the message has not been sufficient to strip expression of protection

sep 1, 2025, 6:52 pm • 0 0 • view