In motion to dismiss, chatbot platform Character AI claims it is protected by the First Amendment
Character AI, a platform that lets users engage in roleplay with AI chatbots, has filed a motion to dismiss a case brought against it by the parent of a teen who committed suicide after allegedly becoming hooked on the company’s technology.
In October, Megan Garcia filed a lawsuit against Character AI in the U.S. District Court for the Middle District of Florida, Orlando Division, over the death of her son, Sewell Setzer III. According to Garcia, her 14-year-old developed an emotional attachment to a chatbot on Character AI, “Dany,” which he texted constantly — to the point where he began to pull away from the real world.
Following Setzer’s death, Character AI said it would roll out a number of new safety features, including improved detection, response, and intervention related to chats that violate its terms of service. But Garcia is fighting for additional guardrails, including changes that might result in chatbots on Character AI losing their ability to tell stories and personal anecdotes.
In the motion to dismiss, counsel for Character AI asserts the platform is protected against liability by the First Amendment, just as computer code is. The motion may not persuade a judge, and Character AI’s legal justifications may change as the case proceeds. But the motion possibly hints at early elements of Character AI’s defense.
