Does AI Have First Amendment Rights to Your IP?

Orange County Lawyers Chapter

There has always been tension between intellectual property law and the First Amendment. Recently, the clashes between the two have become more frequent and more consequential. The Supreme Court has been forced to balance: long-established trademark rights against the First Amendment right to parody; the government’s statutory obligation to prevent the federal registration of trademarks that are “offensive” against the First Amendment right to viewpoint neutral regulation of expression; trademark registration against the right of third parties to communicate using commonly used political slogans; and copyright in photographs against the First Amendment right to create new artwork.

Courts also face new questions: can copyright prevent another lawyer from copying a publicly filed legal brief? AI raises additional questions: Can anyone own a copyright or patent to AI-created works or inventions? Does the First Amendment permit an AI developer to use copyrighted works to train an AI system?

Judge John W. Holcomb of the Central District of California and Michael K. Friedland of Friedland Cianfrani LLP will lead a discussion on the leading recent Supreme Court and other cases and the implications for evolving technological developments.


  • Hon. John W. Holcomb, Judge, United States District Court, Central District of California
  • Michael Fridland, Partner, Friedland Cianfrani LLP

Members: $30

Non Memebrs: $35

Students: $20

Lunch and 1 hour CLE credit provided.


As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.