NetChoice and Chamber of Progress urge the Court in this amicus brief to grant Character Technologies Inc.’s motion for immediate appeal and a stay of proceedings because the ruling that generative AI outputs are not protected by the First Amendment introduces significant legal uncertainty.
This decision could stifle a burgeoning industry, deter investment, and impede technological breakthroughs, as there is currently no national precedent on the constitutional status of AI-generated content.
Prompt guidance from the Eleventh Circuit is crucial to clarify the scope of First Amendment protections for generative AI, thereby providing essential certainty for users, courts, industry, and policymakers alike.