A Florida judge has ruled that a lawsuit against Google and its chatbot service Character AI can move forward, rejecting the tech giant’s argument that it is shielded from liability by the First Amendment.
Background of the Lawsuit
The lawsuit was filed by the family of Sewell Setzer III, a 14-year-old who died by suicide after allegedly becoming obsessed with a chatbot. The family claims that Google failed to properly warn users about potential risks associated with interacting with its chatbots, including emotional distress and suicidal thoughts.
Court Arguments
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Google’s Defense:
- Google’s lawyers argued that the company’s First Amendment protections should shield it from liability for any harm caused by interactions between users and its characters. They compared Character AI to talking with a video game non-player character or joining a social network.
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Judge’s Ruling:
- Judge Anne Conway disagreed, stating that while some aspects of Character AI may resemble other forms of communication protected by the First Amendment, “the output itself does not constitute speech.”
- She explained that the output is generated through algorithms and machine learning models designed to mimic human-like conversations, which does not qualify for constitutional protection under free speech laws.
Additional Points from the Ruling
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Google also contended that even if Character AI engaged in speech-protected activity, it cannot be held liable for harms caused by voluntary interactions with its characters. Judge Conway rejected this argument, stating, “Plaintiffs have alleged facts sufficient to support their claim.”
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The ruling allows the lawsuit against Google’s subsidiary X Development Corp., which developed Character AI, to proceed despite the companies’ claims of immunity under federal law.
Next Steps in the Case
- The case will now move into the discovery phase, where each side will gather evidence before returning to Judge Conway.
- Judge Conway noted that there was enough evidence presented during trial testimony last month showing that the plaintiffs had been harmed sufficiently to seek damages.
Conclusion
In her order, Judge Conway emphasized that the plaintiffs had adequately pleaded claims based on allegations regarding the defendants’ failure to warn consumers about the risks associated with using their products.
A spokesperson for Alphabet Inc. declined to comment, stating only that they are reviewing the decision. A lawyer representing Sewell Setzer III’s family did not immediately respond regarding plans to appeal the decision.

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