The Center for Democracy & Technology (CDT) and the Electronic Frontier Foundation (EFF) have requested permission to submit an amicus brief in the case of Garcia v. Character Technologies, Inc. The organizations are urging the U.S. District Court of the Middle District of Florida to allow an interlocutory appeal to the Eleventh Circuit. This move aims to ensure that users' First Amendment rights receive thorough consideration.
The case revolves around a tragic incident involving a child's suicide, which occurred after using a chatbot. It raises complex questions about whether plaintiffs can claim damages related to chatbot outputs under First Amendment protections.
In their brief, CDT and EFF emphasize how First Amendment-protected expression is involved in the design, delivery, and use of chatbot large language models (LLMs). They argue that courts should prioritize users' rights to access chatbot outputs when conducting First Amendment analyses.
The brief also highlights Supreme Court precedents affirming that First Amendment speech protections apply not only to speakers but also to individuals seeking information. According to CDT and EFF, neglecting users' rights in this context could lead to unprecedented governmental interference in how people create, seek, and share information.
For further details, readers are encouraged to consult the full brief submitted by CDT and EFF.