Do you lose free speech rights if you speak using a computer?

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[Commentary] It took guts for the New York Times to publish an op-ed by Tim Wu, the Columbia law professor who coined the phrase "network neutrality," arguing that the First Amendment doesn't protect the contents of the New York Times website. A significant amount of the content on the Times website—stock tickers, the "most e-mailed" list, various interactive features—were generated not by human beings, but by computer programs.

And, Wu argues, that has constitutional implications:
“Protecting a computer’s "speech" is only indirectly related to the purposes of the First Amendment, which is intended to protect actual humans against the evil of state censorship. The First Amendment has wandered far from its purposes when it is recruited to protect commercial automatons from regulatory scrutiny.”

OK, I fibbed. The target of Wu's op-ed was Google and Facebook, not the New York Times. But accepting Wu's audacious claim that computer-generated content doesn't deserve First Amendment protection endangers the free speech rights not only of the tech titans, but of every modern media outlet.


Do you lose free speech rights if you speak using a computer?