The Irony – Using Generative AI In A Case About The Dangers Of Generative AI

A First Amendment challenge to a Minnesota anti-deepfake law presents the latest cautionary tale in the use of generative artificial intelligence in court submissions, particularly as it relates to expert submissions.

A Stanford professor who submitted an expert declaration to the District of Minnesota court in the case of Kohls v. Ellison on behalf of Minnesota Attorney General Keith Ellison about the dangers of AI included fake citations due to the use of generative AI to draft the declaration. As the District of Minnesota court aptly stated in its January decision: "The irony."

This case is happening at a time when the expansion of AI usage is prompting courts to adopt rules and form committees to evaluate the role of AI in the courts and develop guidelines to address concerns related to the accuracy and reliability of AI-generated evidence and other legal materials.