Colorado Legal Eagles Make Stark Predictions

Last month, Colorado's top legal advocates gathered to discuss the pressing challenges facing American democracy as they see them…

Colorado Attorney General Phil Weiser and Justice Melissa Hart spoke out on a range of issues including artificial intelligence (AI), digital speech, and recent Supreme Court cases that have limited long-standing protections for abortion rights and affirmative action.

At the 2023 Democracy Summit hosted by the University of Denver, Weiser expressed his concerns about the potential for AI to exacerbate the flow of misinformation and disinformation in the lead-up to the 2024 election.

The twice elected Democrat warned that with the capability to generate fake videos and audio, it becomes increasingly difficult to authenticate what is true and what isn't. He emphasized the need for informed decision-making and admitted that this issue keeps him up at night.

Hart, on the other hand, highlighted the impact of AI on the legal profession, specifically mentioning AI-generated court filings. She shared that as a person who previously resisted understanding technology, she now feels a responsibility to keep up-to-date and educate herself on the legal and ethical issues surrounding AI.

Weiser and Hart also addressed the role of social media platforms in the public discourse and the implications of the Supreme Court's decision to evaluate laws in Texas and Florida that limit the ability of these platforms to censor or ban users.

Weiser, while acknowledging the concerns of conservatives about being "shadow banned," stated that he could endorse a law with guardrails like Florida's that requires transparency and an appellate process for content removal.

Hart added that the difficulty in regulating social media companies is that they own a large portion of the digital "public square," and therefore are not constrained by the First Amendment's prohibition on the infringement of speech.

The event also touched on the recent Supreme Court decision that places new constraints on the use of race-conscious college admissions. Hart called it the "culmination of many steps" aimed at ending affirmative action but noted that it should not be used as grounds to end all diversity and inclusivity initiatives.

Weiser also addressed the Supreme Court's overturn of longstanding federal protections for abortion and the impact of political polarization on the ability of Congress to respond. He suggested that without the constraints of the filibuster rule and the Hastert rule, Congress could potentially protect reproductive rights.

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Finally, Hart shared her skepticism about judicial elections, citing the example of North Carolina where a partisan shift in the state's Supreme Court in 2022 led to a gerrymandered legislative map that favored Republicans.

She expressed concern that this type of political influence is not what the judiciary is meant to do.