The Center for Democracy & Technology published a report by Becca Branum, "Whose Speech Is It Anyway? The Constitutional Contours of Chatbot Regulation," dated July 2026, arguing that the First Amendment should protect a substantial range of generative AI outputs and bar many output-directed regulations. The report grounds that claim on two mutually reinforcing bases: developers' editorial judgment in curating training data, fine-tuning, refusal behavior and content policy, under the line of cases from Miami Herald v. Tornillo (1974) through Hurley and Moody v. NetChoice (2024); and users' rights to receive information and to speak through prompts. It rebuts the "stochastic parrots" objection accepted at the pleading stage by the Middle District of Florida in Garcia v.
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