New frontiers: Voting as speech

Overview

In this lesson, students will explore the intersection of artificial intelligence, voting rights and the First Amendment. By analyzing how AI can influence the democratic process, including voter suppression, gerrymandering and misinformation, students will also consider voting as a form of protected speech under the First Amendment. They will discuss whether restrictions on voting rights should be subject to the same scrutiny as restrictions on free speech and how AI might exacerbate or mitigate those challenges.

Age range: High School

Objectives

Investigate how AI could impact voting rights and the electoral process in the U.S.
Analyze the ethical and legal dilemmas of using AI in predicting voter behavior, gerrymandering and digital voter suppression.
Explore voting as an expressive act protected by the First Amendment and debate how AI could affect that.
Develop strategies for journalism and policy to promote transparency in elections and mitigate negative impacts of AI.

Materials

Students should read Derfner and Hebert’s (2106) argument that Voting Is Speech.

Summary

1. Voting as Free Speech: Voting and voter registration should be viewed as a form of free speech, protected under the First Amendment. However, the Supreme Court has not consistently applied this protection to voting itself, as it does to campaign spending.
2. Unequal Scrutiny: The Supreme Court applies strict scrutiny to limitations on campaign spending (treating them as speech), but it allows more leeway for states to restrict access to voting, which is often treated under a lower standard called “rational basis” review.
3. Restrictions on Voting: Many states have passed restrictive voting laws, such as requiring photo IDs, reducing early voting, and limiting voter registration drives. These disproportionately impact minority and low-income voters.
4. Current Legal Standard: Voting restrictions are often upheld because they are evaluated under a lenient standard of review. The argument is made that voting should be treated with the same strict scrutiny as other First Amendment activities.
5. Expressive Nature of Voting: Voting is fundamentally expressive, allowing citizens to voice their political preferences. It should be protected like other forms of speech.
6. Call for Reform: The essay argues that the courts should recognize voting as a protected form of speech under the First Amendment, ensuring stricter scrutiny on any restrictions to voting rights.

Activities

1. Voter suppression simulation

Students will participate in a simulation where AI tools are used to either increase voter turnout or suppress certain groups. In this exercise, students will identify ethical concerns and the potential violations of First Amendment rights in both encouraging or restricting voting (as a form of speech). They will also propose solutions that balance innovation with the protection of voters’ rights.

2. Policy proposal

Students will write a policy proposal suggesting how AI can be regulated in electoral processes to protect voting rights, ensuring that voting is treated as a form of speech under the First Amendment. Proposals should consider how restrictions on voting should be subjected to the same strict scrutiny as other forms of speech restrictions. Students will present and debate their policy proposals in class.

3. Data analysis project

Using AI tools, students will analyze public voting data to determine how gerrymandering or targeted misinformation could be used to influence or skew election results. In light of voting’s expressive nature, they will create visual presentations on how these AI applications could potentially violate First Amendment rights. They will also discuss how to prevent AI abuse in future elections through transparent regulation.

Discussion prompts

• Is voting speech? Should voting be treated as a form of speech entitled to First Amendment protections, as suggested in the provided text? How does this perspective impact the way we view voter ID laws, restrictions on voter registration drives, or limits on early voting?
• The role of AI in free speech: If AI is used to predict and manipulate voter behavior, could this infringe on the constitutional rights of voters to express themselves freely? What would the limits of AI in electoral processes be if voting were fully recognized as a First Amendment-protected act?
• Journalism’s role in safeguarding democracy: How can journalists ensure that AI is used ethically in elections without infringing on voters’ First Amendment rights? What role should journalism play in promoting transparency in AI use and mitigating voter suppression or misinformation?

Conclusion

By the end of the lesson, students will have a more nuanced understanding of voting as a form of speech and how AI might either protect or undermine that right. This will lead to discussions on the balance between technological advancements and the protection of fundamental democratic rights.