Drawing on cases like Winter v. G.P. Putnam’s Sons (no liability for a faulty mushroom guide) and New York Times v. Sullivan, this FIRE article argues that First Amendment principles protect AI outputs from broad tort liability. Nearly 100 lawsuits seek to hold developers accountable via products liability or negligence for harmful advice. Courts have long rejected treating ideas in books, games, or songs as “defective products,” warning of a chilling effect that would force AI firms to restrict useful speech on topics like health or practical advice.
https://www.fire.org/news/how-does-first-amendment-govern-liability-ai