This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.
Subscribe to the Daily Journal for access to Daily Appellate Reports, Verdicts, Judicial Profiles and more...

Dec. 12, 2025

AI defamation suits test anti-SLAPP shields and speaker rights

As AI-driven defamation suits emerge, courts must not only weigh who's accountable, but also whether anti-SLAPP laws -- and free speech protections -- apply when the speaker is a machine.

Lan P. Vu

Attorney
Harder Stonerock LLP

See more...

AI defamation suits test anti-SLAPP shields and speaker rights
Shutterstock

Judges have increasingly reprimanded attorneys for citing fictional cases in briefs generated by artificial intelligence (AI). In these situations, everyone agrees that attorneys should be held accountable. But what happens when AI technology generates false content that defames you or your business? How do we determine who should be accountable then? This is the novel question that courts are grappli...

To continue reading, please subscribe.
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!

Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)

Already a subscriber?

Enewsletter Sign-up