Are Google results free speech protected by the First Amendment?
Over the past few years, the Supreme Court has welcomed an unprecedented number of nonhumans into the personhood club. In a recent case, the search engine giant argued that its search results—selected entirely by a computerized algorithm—are free speech and deserve full First Amendment protection. Google has actually been developing its First Amendment defense since at least 2003, fine-tuning it through a series of antitrust lawsuits by disgruntled companies that ignored Reese Witherspoon’s sage counsel and Googled themselves. Volokh argues that the company’s search results reflect “individual editorial choices” about both opinions and facts—two categories of speech that enjoy full First Amendment protection. Google’s algorithm may be performed by a computer, but by taking in data and churning out information, the computers are partaking in constitutionally protected free speech activity.
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