机器是如何说话的:媒体技术和言论自由詹妮弗·彼得森,杜克大学出版社,2022年。

IF 0.1 0 HUMANITIES, MULTIDISCIPLINARY JOURNAL OF AMERICAN CULTURE Pub Date : 2023-09-24 DOI:10.1111/jacc.13487
Andrew Kettler
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引用次数: 0

摘要

机器是如何说话的,是围绕着20世纪与技术变革和言论自由意义改变有关的问题组织的。詹妮弗·彼得森(Jennifer Petersen)探讨了最高法院面临言论自由和多种媒体形式问题的重要案件,揭示了围绕通用人工智能的数字媒体的现代问题。《机器如何说话》经常考虑人群和公众之间的差异,以及不可思议的影响和社会传染的问题,讨论了有关第一修正案的问题,以及宪法解释的各个方面,这些问题随着时间的推移不断变化,目前以原始主义通常可能提供的截然不同的形式存在。《机器如何说话》聚焦于二十世纪以及社会影响和对人群、个人和媒体说服的理解问题,为将法律研究纳入现代机器人和算法的社会和经济讨论奠定了良好的基调。作为一部媒体技术史,以及它们对社会的刺激如何改变了说话的意义,彼得森的作品应该在法律研究课程以及媒体和技术史课程中阅读。在拥有ChatGPT等程序的通用人工智能的边缘,随着人工智能和先进博弈论在国际关系的最高层面的应用,这些对人类意识的言语和说服问题变得前所未有的重要。第一章探讨了19世纪末和20世纪初的企业是如何通过要求政府更好地定义对新媒体形式的监管来重新构想言论自由的。领先的媒体公司,尤其是对电影兴趣日益浓厚的公司,要求最高法院法官了解其新媒体的局限性和权力。阅读《Mutual v.Ohio》(1915)为本章奠定了基础,彼得森查看了本案的法律摘要,以了解关于电影中被认为对社会有影响的内容的争论的根源。当时,电影中的言论被认为不够有力或有影响力,不足以受到严格监管,因此,作为宪法保护的言论自由仍然是一个普遍的问题,只适用于印刷品和个人口语。第二章将叙事带入20世纪30年代和40年代,探讨由于国际法西斯主义和布尔什维克主义在公共领域煽动的对人群和政治的新理解而产生的大众影响力问题。由于这些政治影响,以及种族自卑、手势和优生学的新思想,这些新思想是对文化影响的新理解的一部分,成为“说话”一部分的表达行为越来越被理解为电影创作的一部分。具体分析了那个时代的案例,这些案例与宗教派别及其关于爱国主义、美国国旗和效忠誓言的信仰有关。进入20世纪30年代至40年代的案例,这些案例说明了更广泛媒体的这些变化,第三章讨论了广播、电影和新闻短片,这些节目以足够的力量影响了公众,被视为受保护言论的一部分,同时特别关注了企业对传播理解的工业化形式中的广播问题。第四章发现了20世纪50年代至70年代的无发言人言论的概念,根据前几十年广播和电影的先例,案例判断个人不需要言论的存在。最后一章以新的方式组织了言论原则,以思考二十世纪末的公司言论权和计算机通信权。结论继续关注在《机器如何说话》的整个时间线中,言论是如何从根本上脱离个人的。继Lisa Gitelman早期关于技术和影响力的媒体学术之后,机器如何说话定义了言论是如何从一个以特定方式受到保护的个人,通过作为集体一部分获得特定类似保护的不同形式的媒体,在公共领域发言和印刷的。言论自由作为一项个人权利,面对通用人工智能的先进新媒体,必须再次进行重组,以适应数字的威胁空间。Petersen工作之初提出的新的后人类和超人类语言形式对人类语言类别意味着什么,只有待观察和辩论,因为技术只会越来越多地塑造人类对语言的理解。
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How machines came to speak: Media technologies and freedom of speechBy Jennifer Petersen, Duke University Press, 2022.

How Machines Came to Speak is organized around twentieth-century questions related to technological changes and alterations to the meaning of free speech. Exploring vital Supreme Court cases that faced questions of free speech and diverse forms of media, Jennifer Petersen sheds light on modern issues of digital media surrounding Artificial General Intelligence. Thinking often about the difference between crowds and publics, as well as issues of uncanny influence and social contagion, How Machines Came to Speak discusses questions about the First Amendment and aspects of constitutional interpretation that altered consistently over time and currently exist through much different forms that what originalism might generally afford.

Focusing on the twentieth century and issues of social influence and understandings of crowds, individuals, and media persuasions, How Machines Came to Speak sets an excellent tone for inserting legal studies into social and economic discussions of modern robotics and algorithms. As a history of media technologies, and how their stimulations upon society changed the very meanings of speaking, Petersen's work should be read in legal studies courses as well as classes on the history of media and technology. On the edge of Artificial General Intelligence with programs like ChatGPT, and with the use of artificial intelligence and advanced game theory applied at the highest levels of international relations, these questions of speech and persuasion upon human consciousness have never been more vital.

Chapter One explores how late nineteenth-century and early twentieth-century businesses instigated a reimagining of free speech by asking the government to better define regulations upon new forms of media. Leading media corporations, especially with rising interests in film, requested the Supreme Court judge issues of discourse and public opinion to understand the limitations and powers of their new media. A reading of Mutual v. Ohio (1915) sets the stage for the chapter, as Petersen looks at legal briefs in the case to understand the roots of arguments concerning what in the film was considered to be influential upon society. At the time, speech in film was not deemed potent or influential enough to be greatly regulated, and free speech, as a constitutional protection, consequently remained a general matter only for printed and individually spoken words.

The second chapter moves the narrative along into the 1930s and 1940s to questions of mass influence that arose with new understandings of crowds and politics instigated in the public sphere due to international fascism and Bolshevism. Due to these political influences, and new ideas of racial inferiority, gestures, and eugenics that were part of fresh understandings of cultural influence, expressive conducts that became part of “speaking” were increasingly understood to be a part of filmic composition. Cases of the era analyzed specifically related to religious sects and their beliefs about patriotism, the American flag, and the Pledge of Allegiance. Moving forward into cases from the 1930s to the 1940s that illustrate these changes in broader media, Chapter Three addresses radio, film, and newsreel that influenced the public with enough force to be considered part of protected speech, while focusing specifically on issues of radio as framed within industrializing forms of corporate understandings of transmission.

Chapter Four discovers concepts of speakerless speech from the 1950s to the 1970s, whereby cases judged, from the precedent of radio and film in earlier decades, that an individual person was not necessary for speech to exist. The last chapter organizes the principles of speech in new ways to think about corporate rights to speech and the rights of computer communications of the late twentieth century. The conclusion continues to focus on how speech became radically disembodied from the individual throughout the timeline of How Machines Came to Speak.

Following earlier media scholarship from Lisa Gitelman on technology and influence, How Machines Came to Speak defines how speech moved from an individual who was protected in specific ways to speak and print in the public sphere through different forms of media that earned specific similar protections as part of the collective. Free speech as an individual right, faced with the advanced new media of Artificial General Intelligence, must again be restructured to accommodate the threatening spaces of the digital. What new posthuman and transhuman form of speaking means for human categories of speech, which are set out at the start of Petersen's work, is only to be seen and debated, as technologies only increasingly shape human understandings of what can be spoken.

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JOURNAL OF AMERICAN CULTURE
JOURNAL OF AMERICAN CULTURE HUMANITIES, MULTIDISCIPLINARY-
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