Eugene Volokh and Jane Bambauer examine the groundbreaking Robby Starbuck v. Google case, one of the first major defamation lawsuits arising from generative AI "hallucinations." They explore whether AI-generated falsehoods can constitute libel, why Section 230 offers no protection for AI-generated content, and how traditional defamation law applies when an AI invents damaging allegations about a real person. The conversation also covers the legal standards for actual malice, the role of discovery, Delaware's unusually permissive pleading rules, and whether these lawsuits could reshape the future of AI development—or expose AI companies to a wave of costly litigation. If AI can invent facts, who should bear the responsibility? This episode tackles one of the most important legal questions facing artificial intelligence today.
Recorded on July 30, 2026.
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