AI Speech Litigation Tracker
Featured Cases
Court: Federal District Court | Filed: 2024 | Settled: January 7, 2026
1Claims: 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) →
Court: California Superior Court | Filed: August 2025
2Claims: 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
Court: Federal District Court | Filed: 2023
Claims: Defamation
Facts: ChatGPT generated false statements claiming plaintiff embezzled funds from a non-profit organization.
3Significance: OpenAI has NOT raised Section 230 as a defense.5 Key test case for AI-generated defamation.
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.
4Significance: 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.