Laws protecting expression on online platforms do not apply to ChatGPT and other artificial intelligence platforms, Supreme Court Justice Neil Gorsuch said Tuesday.

Gorsuch mentioned software such as ChatGPT during the oral argument section of Gonzalez v. Google, a significant case dealing with queries around algorithms and whether they are protected by Section 230 of the Communications Decency Act, which protects online platforms from being held accountable for content posted by users. Gorsuch discussed the software in the context of what might not be covered by Section 230.

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"Artificial intelligence generates poetry," Gorsuch said during the hearings. "It generates polemics today that would be content that goes beyond picking, choosing, analyzing, or digesting content. And that is not protected. Let's assume that's right. Then the question becomes, what do we do about recommendations?"

Generative AI has grown increasingly prominent in the tech industry over the last few months. Millions of users have experimented with chatbots such as ChatGPT, as well as image-generating apps and other AI software. Microsoft announced last month that it was investing more than $10 billion into OpenAI, the developer of ChatGPT. The software company is also incorporating OpenAI's program into its web browsers.

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Gonzalez v. Google went to the Supreme Court on an appeal from the family of Nohemi Gonzalez, a 23-year-old California-based woman shot and killed in 2015 by Islamist militants in Paris. The family attempted to sue Google under the Anti-Terrorism Act but was told that Google could not be held liable due to Section 230. The family's legal team offered arguments on Tuesday, with a particular focus on whether algorithms such as Google search or YouTube could be considered endorsements of illegal content.