3
Active Cases
2
Settled/Resolved
0
Final Rulings on AI Speech

Featured Cases

Garcia v. Character.AI SETTLED

Court: Federal District Court | Filed: 2024 | Settled: January 7, 2026

1

Claims: Negligence, wrongful death, product liability

Significance: Would have been first major ruling on AI speech classification. Conway Order stated court "not prepared to hold AI output is speech." Settlement prevents binding precedent.

Key Ruling: Conway Order (May 2025) →

Raine v. OpenAI ACTIVE

Court: California Superior Court | Filed: August 2025

2

Claims: Negligence, strict liability, failure to warn

Significance: Currently the leading vehicle for establishing precedent on AI speech classification and liability. Defense expected to raise First Amendment and Section 230 arguments.

Next Milestone: Motion practice pending

Walters v. OpenAI ACTIVE

Court: Federal District Court | Filed: 2023

Claims: Defamation

Facts: ChatGPT generated false statements claiming plaintiff embezzled funds from a non-profit organization.

3

Significance: OpenAI has NOT raised Section 230 as a defense.5 Key test case for AI-generated defamation.

Battle v. Microsoft ACTIVE

Court: Federal District Court | Filed: 2024

Claims: Defamation

Facts: Bing AI merged search results for technology expert Jeffery Battle with convicted terrorist Jeffrey Battle (different spelling), producing inaccurate and potentially defamatory text.

4

Significance: Microsoft has NOT raised Section 230 as a defense. Tests AI liability for misidentification/merging errors.

Related Litigation

In re Social Media Adolescent Addiction Litigation

Status: Active (MDL) | Relevance: INDIRECT

While not directly about AI speech, this litigation tests similar questions about platform liability for algorithmic harms. Rulings here may influence AI liability doctrine.

Case Timeline

Date Event Case
2023 Walters v. OpenAI filed Walters
2024 Garcia v. Character.AI filed Garcia
2024 Battle v. Microsoft filed Battle
May 2025 Conway Order issued Garcia
August 2025 Raine v. OpenAI filed Raine
January 7, 2026 Garcia settlement announced Garcia

Doctrinal Status

Current Status: No court has issued a final, binding ruling on whether AI output constitutes protected speech under the First Amendment.

The Conway Order provides the strongest judicial signal to date, but its precedential value is limited by the subsequent settlement and its status as an order on a motion rather than a final judgment.

Prediction: The Raine v. OpenAI case is currently the most likely vehicle to produce a substantive ruling on AI speech classification.

Data Currency

Litigation status current as of January 2026. For the most current case status, consult PACER, Courthouse News Service, or relevant state court dockets.