OpenAI argues ChatGPT outputs are protected speech in FSU shooting lawsuit

#What happened

OpenAI filed a new court filing in the federal lawsuit over the April 2025 Florida State University shooting, arguing that ChatGPT's responses to the accused shooter are protected speech under the First Amendment.

#The lawsuit

Vandana Joshi, the widow of shooting victim Tiru Chabba, filed the lawsuit in May in the Northern District of Florida, alleging ChatGPT gave alleged shooter Phoenix Ikner "advice and recommendations" to carry out the crime. OpenAI also faces related suits from injured students — one filed in June from a victim shot three times, two more in July, and another on Aug. 31 on behalf of slain FSU employee Robero Morales.

#Why it matters

OpenAI's argument frames holding an AI provider liable for truthful, publicly available information as opening a "dangerous door," in the words of John Coleman, legislative counsel for the Foundation for Individual Rights and Expression — a rule that could extend to search engines, libraries, and publishers. At least one court has questioned whether AI-produced language counts as traditional "speech."

#Sources

• Tallahassee Democrat — "FSU shooting lawsuit weighs if AI chatbots have First Amendment rights" — https://www.tallahassee.com/story/news/state/2026/10/05/does-first-amendment-protect-chatgpt-in-fsu-shooting-lawsuit/92019499007/

Verified Oct 5, 2026.