DeepSeek and the First Amendment: Assessing the Eighth Circuit and Missouri’s Legal Impact on Open-Source AI

The rise of open-source generative artificial intelligence (AI) models presents new challenges for First Amendment jurisprudence. Although computer code has been recognized as protected speech, the emergent nature of AI-generated outputs complicates the boundary between human expression and machine autonomy. This Article examines the constitutional and regulatory implications of compelled disclosures and content filtering, situating the analysis within the precedent of the Eighth Circuit Court of Appeals and recent actions by the Missouri Attorney General targeting algorithmic opacity under consumer protection law. It further examines the limitations of Section 230 of the Communications Decency Act in addressing liability for autonomous systems.

With reference to Michael Porter’s Diamond Model, the Article concludes by proposing a regulatory framework that reconciles constitutional protections with Missouri’s evolving role in shaping legal responses to open-source AI.