| 英文摘要 |
One of the core issues in the freedom of speech jurisprudence concerns the scope of protection delineated in Article 1 of the Amendments to the US Constitution. Many of our daily activities involve not only the bits transmission, but also the results of algorithms created by humans and implemented by machines. More and more emerging communicative technologies form new and unique ’’speakers’’, which accordingly bring forth difficult issues in the theory of freedom of speech, questions like ’’what is protected speech?’’ and ’’which one is not?’’ are of great importance. The issue of whether Article 1 of the US Constitutional Amendments applies to the results of ’’search engines’’ is different from the how it is applied to algorithm used in search engines. Further, while information recipients believe in the freedom of speech, the object of dialogue ‒ whether it is humans or the artificial intelligence is also an important matter. When the protection of freedom of speech does not cover the newly developed communicative technology speech, the state will be able to suppress such speech arbitrarily in ways that deprive the right of individuals to receive information. Meanwhile, remarks such as concluding that Russia manipulated the US election have actually created risks for information recipients including excessive information and manipulation of speech through potential power, speed, and scope. Therefore, as the emerging communicative technology may cause conflicts with the freedom of speech jurisprudence, it can be argued that the law shall play a role even with the possibility that artificial intelligence and other fields will bring the ancient legal theory into unknown territory.
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