Generative AI & Law: I Am an American Day in Central Park, 1944.

"I Am an American Day" was a patriotic event held on May 21, 1944, in Central Park, New York City. Originating from earlier Americanization Day observances, the event coincided with the broader context of World War II, aiming to foster a sense of national unity and patriotic pride among the American populace, especially in a time of global conflict and uncertainty. It was part of a larger movement to bolster American identity, especially among immigrant communities, and reinforce the values of democracy and freedom.

Vintage black and white photograph depicting grand scenes from the 'I Am an American Day' event in Central Park, New York City, 1944. The depiction shows a wide-angle views of the park filled with a large, diverse crowd of men and women of various descents such as Caucasian, Hispanic, Black, and Asian, all gathered in celebration.

On May 21, 1944, Central Park in New York City became a focal point of patriotic fervor as it hosted the "I Am an American Day" celebration. This event drew thousands of attendees, filling the park with an air of unity and national pride. The diverse crowd, comprising individuals from all walks of life and various cultural backgrounds, mirrored the melting pot that is America. They gathered not only as New Yorkers but as Americans, reflecting the collective spirit of a nation deeply involved in the struggles of World War II.

The event was a colorful and vibrant crucible of American culture. It showcased a range of activities that encapsulated the American spirit. There were musical performances featuring patriotic songs that echoed throughout the park, stirring the hearts of the attendees. Dance troupes and local community groups contributed with performances that celebrated America's cultural diversity, while school children adorned in red, white, and blue added to the patriotic display with their innocent zeal.

Speeches were a major highlight of the day, with various leaders and public figures taking the stage to address the assembled crowd. Their words were charged with the fervor of wartime patriotism, emphasizing unity, resilience, and the shared values that bind the American people together. Among these speakers, Judge Learned Hand stood out as a particularly impactful orator.

Judge Hand, serving at that time as a Senior Judge of the United States Court of Appeals for the Second Circuit, was renowned for his intellectual depth and his articulate, thoughtful expressions on matters of law and liberty. His speeches often went beyond the mere letter of the law to touch upon the broader, philosophical implications of justice and freedom. On this occasion, his keynote speech delved into the essence of American identity and the values that underpin the nation's democratic foundations. His words were not only a reflection on the state of the nation amidst the global conflict but also a powerful reminder of the principles of liberty and justice that form the bedrock of the American ethos.

VIsual depicting Judge Learned Hand giving his speech at the 'I Am an American Day' event in Central Park, 1944.

Judge Learned Hand's Speech

Judge Hand's address, weaving legal philosophy with civic responsibility, left a lasting impression on his audience. His eloquent discourse on liberty, emphasizing introspection, empathy, and the balance of diverse viewpoints, resonated deeply, offering a guiding light during those tumultuous times. The speech was a profound call to action for every citizen to reflect upon and cherish the freedoms they enjoyed, even as the nation fought to preserve those very freedoms abroad.

He emphasized the introspective and empathetic nature of true liberty — suggesting that liberty requires an ongoing, self-critical process and an effort to understand and balance diverse viewpoints and interests. His words on liberty weren't just about legal or constitutional liberties but spoke to a broader, almost philosophical understanding of freedom.

Depiction of immigrants and other people in the crowd during the 'I Am an American Day' on May 21, 1944 in Central Park, New York.

Some of the notable excerpts from that speech:

1. "The spirit of liberty is the spirit which is not too sure that it is right."

2. "The spirit of liberty is the spirit which seeks to understand the minds of other men and women."

3. "The spirit of liberty is the spirit which weighs their interests alongside its own without bias."

4. "The spirit of liberty remembers that not even a sparrow falls to earth unheeded."

5. "The spirit of liberty is the spirit of Him who, near two thousand years ago, taught mankind that lesson it has never learned, but has never quite forgotten; that there may be a kingdom where the least shall be heard and considered side by side with the greatest."

These quotes reflect Hand's profound thoughts on liberty, understanding, and equality. They remain relevant and are often cited in discussions about civil rights and individual freedoms.

Significance of Judge Learned Hand's Speech in the Context of AI Regulations

One of the quotes from his speech ,

"The spirit of liberty is the spirit of Him who, near two thousand years ago, taught mankind that lesson it has never learned, but has never quite forgotten; that there may be a kingdom where the least shall be heard and considered side by side with the greatest,"

speaks to the essence of inclusive and equitable treatment. In the context of building AI regulations, this quote underscores the need for a balanced and fair approach that considers both large AI companies and small startups.

A vintage black and white photograph depicting a scene from the 'I Am an American Day' on May 21, 1944 in Central Park, New York.

In the rapidly evolving field of generative AI, such principles are particularly pertinent. An AI regulation or a rule should aim to:

Encourage Innovation and Fair Competition: Regulations should not favor incumbents (large AI companies) over new entrants (startups), ensuring a level playing field where innovation can thrive. For instance, in discussions around AI patents or data access, it's crucial that smaller entities aren't disadvantaged. HIPPA on the healthcare side is a great example of a compliance standard that is adaptive with smaller healthcare entities being required to do less and larger healthcare entities that have the means to do more.
Consider Diverse Interests: As AI applications become more pervasive, the interests of various stakeholders, from multinational corporations to individual developers and public welfare, need to be balanced. This aligns with Judge Hand's call for considering all interests "alongside its own without bias."
Avoiding Unintended Consequences: Regulations should be forward-looking and flexible to adapt to new developments in AI, preventing the stifling of innovation due to overly rigid rules.

The significance of Judge Hand's quote in this modern context lies in its reminder that regulations should be designed with empathy and an understanding of all parties involved, ensuring a fair, just, and innovative future for AI technologies. This approach is critical in avoiding monopolistic tendencies, promoting diversity in AI development, and ensuring that benefits of AI are widely and equitably distributed.

Navigating the Balance: Regulatory Avenues in Generative AI Sphere

In recent years, the rapid evolution of gAI has triggered a cascade of regulatory responses aiming to balance the burgeoning technology's promise and perils. As policymakers navigate this complex landscape, fostering a fair and competitive AI ecosystem remains a priority. President Biden's executive order emphasizes providing small developers and entrepreneurs with technical assistance and resources to help small businesses thrive in the AI realm[1].

However, the journey to effective regulation isn't without hurdles. Governments face challenges in crafting laws to contain the risks posed by generative AI, a task further complicated by the technology's fast-paced advancements. Federal guidelines have honed in on companies' use of generative AI tools, focusing on preventing misuse in critical sectors like finance, health, education, housing, and employment. In a collaborative stride, 15 tech giants, including Meta and Google, voluntarily committed to external testing of their AI products before launch, post an executive order.

A monumental stride came with a sweeping Executive Order from President Biden aiming to reshape the AI landscape, with a spotlight on "dual-use foundation models." The order orchestrates a multi-agency effort to monitor AI risks, streamline high-skilled immigration, and expand AI applications across federal sectors. It emphasizes setting standards for data privacy, cybersecurity, and fair competition, while closely monitoring the AI industry's competitive landscape.

One noteworthy aspect of the order is the mandate for companies to report on their "dual-use foundation models" to the federal government. Although aimed at keeping tabs on powerful AI systems, this mandate could tip the scales in favor of large companies. With more resources at their disposal, large companies are better positioned to comply with such regulatory requirements. Conversely, this could pose a hefty burden on small AI startups, potentially stifling innovation due to compliance costs and time constraints.

Regulating Generative AI is a delicate task demanding a balanced approach to cater to both corporate giants and budding startups. The collaborative commitments from tech behemoths and government initiatives signal a promising multi-stakeholder approach. Yet, the road ahead requires a continuous effort to build transparent and equitable regulatory frameworks that nurture innovation while mitigating risks.

References

White House Executive Order on AI

Further read

LLM, Us and Neuroplasticity

"Are you sure?": Unveiling the Quest for Human-Like Artificial Intelligence

Designers, creativity and AI

A LLM as a reflection of our inner most desires

Should AGI be a she, he, or a it?

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