Computers are speaking
In today's world, we have delegated many of our daily decisions to computers. On the drive to work, a GPS device suggests the best route; at your desk, Microsoft Word guesses at your misspellings, and Facebook recommends new friends. In the past few years, the suggestion has been made that when computers make such choices they are "speaking," and enjoy the protections of the First Amendment.
The argument that machines speak was first made in the context of Internet search. In 2003, in a civil suit brought by a firm dissatisfied with the ranking of Google's search results, Google asserted that its search results were constitutionally protected speech. (In an unpublished opinion, the court ruled in Google's favor.) And this year, facing increasing federal scrutiny, Google commissioned Eugene Volokh, a law professor at the University of California, Los Angeles, to draft a much broader and more elaborate version of the same argument. As Professor Volokh declares in his paper: "Google, Microsoft's Bing, Yahoo! Search, and other search engines are speakers."
-- Tim Wu, a law professor at Columbia, is the author of "The Master Switch: The Rise and Fall of Information Empires."
Defenders of Google's position have argued that since humans programmed the computers that are "speaking," the computers have speech rights as if by digital inheritance. But the fact that a programmer has the First Amendment right to program pretty much anything he likes doesn't mean his creation is thereby endowed with his constitutional rights. Doctor Frankenstein's monster could walk and talk, but that didn't qualify him to vote in the doctor's place.