Source: Garrison Center
by Thomas L Knapp
“Code is speech (as ruled by a US district court and affirmed by the Ninth Circuit Court of Appeals in Bernstein v. Department of Justice). AI models are code. Therefore, AI models are speech, and the government doesn’t get to control them. Not that the current administration, or any other, or Congress, or the courts, can be counted on to respect the Constitution. The ink wasn’t dry on that document before the American political establishment started ignoring its inconveniences. Which leaves Anthropic and other artificial intelligence firms in a bind. … As a practical matter, if Anthropic et al. want to innovate and compete in a growing market that’s already changing how the world works, they need to get away from the US government, which means getting away from the US.” (06/18/26)