Abstract

Excerpted From: Kierra Duhart, Artificial Intelligence: The Latest Embodiment for the Advancement of Institutionalized Racism, 18 Southern Journal of Policy and Justice 50 (May, 2024) (116 Footnotes) (Full Document Requested)

If a white man wants to lynch me, that's his problem. If he's got the power to lynch me, that's my problem. Racism is not a question of attitude; it's a question of power. Racism gets its power from capitalism. Thus, if you're anti-racist, whether you know it or not, you must be anti-capitalist. The power for racism, the power for sexism, comes from capitalism, not an attitude. - Kwame Ture, Author and Founder of the Black Power Movement

In contemporary society, many people use the internet. The internet is a place where people can express themselves to a wider audience than their in-person community, similar to how Instagram content is accessible to millions of users at any moment. People may express their opinions through privately owned social media platforms including Reddit, Instagram, Facebook, YouTube, and TikTok because these platforms connect people with similar interests. With so many people expressing themselves freely in privately owned social media spaces, companies have created user guidelines to self-regulate expression within their platforms.

Reasons for speech regulation on private social media platforms can vary for many reasons, from protecting the innocent against obscene content to creating an advertising-friendly environment. Private social media platforms have turned to artificial intelligence (“AI”) to help regulate expression on their privately owned outlets. This article will explore the use of AI on today's social media platforms and question whether current uses may be deemed unconstitutional. This article is broken into three parts. Part I will explain what AI is and how it benefits today's society. Part II will provide context regarding current issues regarding the everyday use of AI on social media platforms. Finally, Part III will evaluate if there are grounds to claim whether certain current private social media platform uses of AI constitute violations of the Thirteenth Amendment.

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As Kwame Ture said, “Racism is not a question of attitude; it is a question of power.” AI is a mere program which does not possess motivations for problematic agendas. However, due to human influence, AI has the power to enforce racist objectives on social media. With such power, AI's use on social media platforms must be regulated by congressional bodies, under the Thirteenth Amendment powers for protection against actions of private actors. Unfortunately, this unchecked issue is not on the radar of our legislature. Black subjects must use our words and power to push back against the censorship of the words of others; such is the purpose of this Article.