How does the First Amendment apply to AI in hiring, health care, and legal decisions?

A weekly series on AI and free speech examines how the First Amendment could apply when artificial intelligence influences high-stakes decisions in hiring, health care, and law. The piece argues that regulation aimed at the tools used in decision-making is increasingly difficult as algorithmic systems replicate the “noise” and quirks long seen in human judgment. It cites examples such as a “hungry judge effect” and studies finding handwriting or other proxies can fail to predict performance. In the hiring context, it references estimates that 90% of U.S. employers use AI screening tools and reports experiments showing candidates could game video-interview scoring. It also describes health-care harm, including a 2019 hospital algorithm study that ranked black patients as healthier due to cost-data gaps. The article notes new state rules, including Illinois consent requirements from 2020, New York City Local Law 144, and Colorado’s 2024 AI law.