> You can't bootstrap individual criminal use into "the company should have known someone might use this for crimes, therefore they must filter everything."
Lucky for me, I am not. The company already has knowledge of each and every prompt and response, because I have read the EULAs of every tool I use. But that's beside the point.
Prior restraint is only unconstitutional if it is restraining protected speech. Thus far, you have not answered the question of whether AI output is speech at all, but have assumed prior restraint to be illegal in and of itself. We know this is not true because of the exceptions you already mentioned, but let me throw in another example: the many broadcast stations regulated by the FCC, who are currently barred from "news distortion" according to criteria defined by (checks notes) the government.
Lucky for me, I am not. The company already has knowledge of each and every prompt and response, because I have read the EULAs of every tool I use. But that's beside the point.
Prior restraint is only unconstitutional if it is restraining protected speech. Thus far, you have not answered the question of whether AI output is speech at all, but have assumed prior restraint to be illegal in and of itself. We know this is not true because of the exceptions you already mentioned, but let me throw in another example: the many broadcast stations regulated by the FCC, who are currently barred from "news distortion" according to criteria defined by (checks notes) the government.