Unlocking the Future: Your Essential Guide to First Amendment Tech Transparency

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Transparency is key in technology. It helps ensure good practices in social media and AI development. However, government mandates for transparency can raise First Amendment issues. This guide assists policymakers in understanding these complexities. The aim is to create laws that promote genuine transparency about technology and its impact on individuals’ rights.

What is Compelled Speech?

Compelled speech occurs when the government forces someone to express a specific message. This type of speech often faces strict scrutiny under the First Amendment. However, courts sometimes accept certain compelled speech, like product information, with less strictness. Transparency requirements fall into this category of compelled speech.

For laws to hold up legally, they must align transparency demands with the right level of First Amendment scrutiny. Tech transparency laws typically fit into three categories:

• Regulatory Disclosures. The government can require companies to share info about their compliance with regulations, like SEC filings. The Supreme Court has said this type of compelled speech is often justified and faces lenient First Amendment review.
• Commercial Disclosures. This includes messages solely about selling products or services. It’s considered commercial speech and goes through an intermediate review. Some requirements, like those mandating straightforward information on service terms, face even less scrutiny.
• Speech about Speech. This involves transparency guidelines that affect protected expression, like editorial choices on platforms. Such mandates are intertwined with the speech itself and are subject to stricter First Amendment review.

Explore the full roadmap.